HKSAR V Chiang Wai Lun
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DCCC 1187/2012 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO 1187 OF 2012 ----------------------
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--------------------- Reasons for Sentence --------------------- 1.The defendant pleaded guilty before me to one count of trafficking in dangerous drugs and the drugs involved are 23.03 grammes of heroin hydrochloride. 2.In the small hours on the day of the offence the defendant was stopped and searched by the police in Pak Tin Estate and the drugs in question were found on him. He told the police that the drugs were for his own consumption, the left-over for sale. 3.The defendant is aged 48, a married man with a son of 18. He has 12 previous, one of which is drug-related, and that was in 2009 when he was sentenced to DATC for the offence of possession of dangerous drugs. He was released from DATC at the end of 2009. 4.The defendant has been a chef all his life. The court was told that he has spent 4 years in England as a chef and came back in 1994 to continue his job as a chef here. He told the police he was out of job, but it was submitted by his counsel he had a part-time job as a chef around the time up to the day of the offence. 5.On the evidence before the court I am prepared to accept that part of the drugs was for his own consumption. 6.There are sentencing guidelines for trafficking in this type of drugs. Trafficking between 10 and 50 grammes the terms for consideration are 5 to 8 years. If the whole lot were for trafficking, I would take 6 years as a starting point first of all. I take 6 years as a starting point and reduce it to 5 to take into account the fact that part of it is for his own consumption, and further reduce to 40 months to reflect his plea. I see nothing for further reduction. 7.The defendant is therefore sentenced to 40 months’ imprisonment.
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