HKSAR v. KO CHIM MONG

DCCC165/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.165 OF 2010

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HKSAR
v.
KO Chim-mong

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Before:

Deputy District Judge A Yim

Date:

23 July 2010 at 10: 03am

Present:

Mr CHEUNG Man Kwan Bobby, SPPof the Department of Justice, for HKSAR
Mr KAN Wing Fai Terry, instructed by Messrs S.W. Wong & Associates, assigned by the Director of Legal Aid,for the defendant

Offence:

Trafficking in a dangerous drug (販運危險藥物)

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Reasons for Sentence

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The defendant was charged for trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs ordinance,Cap.134.

The defendant pleaded guilty and admitted the facts, he was convicted accordingly.

Facts

At 4.55am on 10 December 2009, the defendant was driving a vehicle and was stopped for a snap check outside Tern Plaza. During a searchon his vehicle the Police found and seized:

  • 2 plastic bag containing 41 plastic bags containing a total of 12.93 grammes of a solid containing 9.38 grammes of cocaine and;
  • a metal box containing 2 plastic bags containing 21 plastic bags containing a total of 6.91 grammes of a solid containing 3.94 grammesof cocaine.

Under caution, the defendant admitted that the drug seized in the car was cocaine and he carried the drug for another person for areward of HK$500.

There are all together 62 plastic bags containing a total 19.84 grammes of solid containing 13.32 grammes of cocaine.

Cocaine is a hard drug; I refer to the tariff in the case of Lau Tak-ming [1990] 2 HKLR 370. I consider the appropriate starting to be 5.5 years.

The defendant aged 29, married, working as a bar tender before his arrest. He has a number of previous convictions, including 3 countsof trafficking of dangerous drugs and 3 counts of possession of dangerous drugs. The defendant was last released from DATC in July2007, he claimed in his antecedent statement that he was not a drug addict and he admitted under caution that he conveyed the drugsin question for a reward. I do not accept the mitigation that small of the drug was for his own consumption.

The defendant entitled to 1/3 discount for his plea. I do not consider there to be any mitigating factor called for further deduction.

Order

The defendant is sentenced to 44 months imprisonment.

Ada Yim
Deputy District Judge