HKSAR v. LAI KANG WING

DCCC63/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 63 OF 2011

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HKSAR
v.
Lai Kang-wing

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Before: Deputy District Judge A Yuen

Date: 3 June 2011 at 10.07 am

Present: Miss Monica Chan, PP of the Department of Justice, for HKSAR
Mr Edwin Choy, instructed by Messer Keith Lam Lau & Chan, assigned by the Director of Legal Aid, for the Defendant

Offence: Trafficking in dangerous drugs (販賣危險藥物)

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Reasons for Sentence

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1. You are convicted of one count of trafficking in dangerous drugs.

2. Facts revealed that, you were stopped and searched by police at the material times of the offence and found in your possession 11.24grammes of cocaine.

3. After considering the evidence, courts found that you had this quantity of cocaine for purpose of trafficking. There is clear guidelinesfor this kind of offence. For this quantity of cocaine the usual sentence should be one of no less than 5 years’ imprisonment.

4. However, you were only 17 at the times of the offence and you had a clear record. It’s undesirable to send a teenager to prisonunless there is no better option.

5. Before sentencing courts asked for various reports. The conclusion of these reports is that, you were suitable for both detentioncentre and training centre while the detention centre is considered more appropriate.

6. In the light of the seriousness of the offence, courts found that, the final order must reflect the seriousness of the offence. I found training centre order is an order that better reflects the seriousness of the offence than detention centre order.

7. You are therefore send to training centre.

A Yuen
Deputy District Judge