HKSAR v. KWAN CHI WAI

DCCC372/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 372 OF 2011

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HKSAR
v.
Kwan Chi-wai

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Before:

Deputy District Judge A Yuen

Date:

17 June 2011 at 2.44 pm

Present:

Miss Lisa Go, PP of the Department of Justice, for HKSAR
Mr Tong Yee-chun, of Raymond Chan, Kenneth Yuen & Co., assigned by the Director of Legal Aid, for the Defendant

Offence:

Trafficking in a dangerous drug (販賣危險藥物)

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Reasons for Sentence

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1. You pleaded guilty to one count of trafficking in dangerous drugs.

2. Facts revealed that on the 7 March this year, you were stopped and search by police in Soy Street, Mongkok, and found in your possession60 packets of drugs, namely 9.95 grammes of a mixture containing 7.42 grammes of heroin.

3. You admitted that you helped someone to deliver the drugs to a park at Yung Shue Taufor sale and you would earn about HK$10 for each packet.

4. In sentencing you, I will take into account your plea of guilty and mitigation put forward by your counsel.

5. Your counsel suggested this court should adjourn the matter to next week pending for a letter from a priest, which hopefully willhelp this court in determining the appropriate sentence.

6. As I suggested to your counsel, your plea of guilty is the strongest mitigation factor in this case and I don’t think the letterwill assist this court any further.

7. The sentencing guideline for this kind of offence is clear, for this quantity of heroin the term of imprisonment is from 2 to 5years. I’ll take 3 years as a starting point because of your plea and I reduce it to 2 years.

A Yuen
Deputy District Judge