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HCCC 392/2013
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 392 OF 2013
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| Date: |
22 November 2013 at 9.50 am |
| Present: |
Ms Lilly Wong, PP of the Department of Justice, for HKSAR |
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Mr Chong Tin-chun, instructed by Rowland Chow, Chan & Co, assigned by DLA, for the accused |
| Offence: |
(1) Trafficking in a dangerous drug(販運危險藥物) |
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(2) Possession of a dangerous drug (管有危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The 45-year-old defendant has been committed to this court from Eastern Magistracy for sentence following his guilty plea to a charge of trafficking in 103.84 grammes of cocaine. He was also committed for sentence on a second charge of possession of 24.04 grammes of herbal cannabis following his further plea of guilty to that charge.
The facts are straightforward. The defendant was intercepted by police as he left premises in Tseung Kwan O. A bag he was carrying was searched and in it were found 216 plastic bags containing, in total, 42 grammes of cocaine. The premises he had exited were then searched and the balance of the cocaine and the herbal cannabis were found in a box next to a bed.
The defendant admitted the cocaine had been provided to him for packing and delivery to others. He said the cannabis was for his own use.
So far as the 1st charge is concerned, I take a starting point of sentence of 9 years’ imprisonment. The only substantive mitigation is the defendant’s plea of guilty. He gets full credit for that and his sentence is discounted to one of 6 years’ imprisonment.
So far as the 2nd charge is concerned, I take a starting point of 3 weeks’ imprisonment. His plea reduces that to a sentence of 2 weeks’ imprisonment.
I order both sentences to be served concurrently. That is a totality of sentence of 6 years’ imprisonment.
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