HKSAR v. CHAN KA LAI

DCCC286/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 286 OF 2010

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HKSAR
v.
Chan Ka-lai

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Before: H H Judge Geiser

Date: 23 April 2010 at 12.15 pm

Present: Mr Derek Wong, PP of the Department of Justice, for HKSAR
Mr Philip Li of Philip W I Li & Co., for the Defendant

Offence: (1) & (2) Trafficking in a Dangerous Drug (販運危險藥物)

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Reasons for Sentence

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1. Defendant, you have pleaded guilty to two separate charges of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134, Laws of Hong Kong.

2. The brief facts which you have agreed are very straightforward and indicate that on 25 January of this year you were stopped outsideyour unnumbered hut at Kam Hang Road, Sheung Shui, by a team of police officers who were conducting an anti dangerous drugs operation,when four packets containing a total of 1.27 grammes of Ice was found from your left jacket pocket. These drugs form the subjectmatter of Charge 1.

3. You were then taken inside your hut when a further eight packets containing a total of 4 grammes of Ice was found inside a box inthe bedroom. These drugs form the subject matter of the 2nd charge. Also found in the premises was typical drug trafficking paraphernalia,such as electronic scales and numerous empty resealable plastic packets.

4. At the time of the offences, and indeed now, you are only 20 years of age. I am told that you committed these offences out of financialneed. I have listened to the mitigation put forward on your behalf this morning, but the only real mitigation is your plea of guiltyto these charges. I will give you credit for that, which will be reflected in the sentences that I will pass.

5. This court is dealing with a total narcotic content of 5.27 grammes of Ice. The normal starting point for this quantity of Ice wouldbe one of 5 years’ imprisonment, which, after the appropriate discount for your plea of guilty would reflect a sentence of 3 yearsand 4 months’ imprisonment. In order to achieve this on Charge 1 I adopt a starting point of 3 years’ imprisonment, which Iwill reduce by one-third to take account of your plea of guilty, coming to 2 years’ imprisonment on Charge 1. With regard to Charge2, I adopt a starting point of 4 years’ imprisonment, which will be similarly reduced by one-third, coming to 2 years and 8 months’imprisonment on Charge 2.

6. Due to the question of totality of sentence, I order 1 year and 4 months of the sentence on Charge 2 to run consecutively to thesentence in Charge 1, arriving at a total sentence of 3 years and 4 months’ imprisonment in all.

H H Judge Geiser
District Judge