HKSAR v. LI JI-YIN

DCCC 7/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 7 OF 2013

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HKSAR
v
Li Ji-yin
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Before: Deputy District Judge Longley

Date: 8 March 2013 at 12.03 pm

Present: Ms Irene Poon Oi-lin, SPP of the Department of Justice, for HKSAR
Mr Leung Ka-lok, Alex, of K L Leung & Co, 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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1. Li Ji-yin, you have been convicted on your own plea of the offence of trafficking in dangerous drugs, namely 3.26 grammes of a crystallinesolid containing 3.22 grammes of methamphetamine hydrochloride. These were the drugs that the police found in your home in ButterflyEstate, Tuen Mun, on the afternoon of 24 October last year. The drugs had a street value at the time of approximately HK$2,302. They were in five plastic bags. The police also found 93 resealable plastic bags and a digital scale.

2. You admitted that the drugs were yours and that you would weigh and package the drugs in the flat for the purpose of selling them. You claimed that you had not yet sold any of the drugs that you had bought.

3. You said that the reason you committed the offence was because you were unemployed and needed the money.

4. You are a man of mature years and are also a man with a number of previous convictions, seven of which are drug-related, two ofthem are convictions for the offence of trafficking. You would have been well-aware that if you were caught trafficking in thesedrugs then the consequences would be very serious, yet you decided to take the risk.

5. As I am sure you have been told, the normal starting point for those who traffic in up to 10 grammes of methamphetamine hydrochlorideis a starting point of between 3 and 7 years.

6. Bearing in mind the quantity of drugs in this case, but in particular the fact that this is your third conviction for trafficking,I am satisfied that the appropriate starting point is 5 years’ imprisonment.

7. I have listened to all that Mr Leung has said on your behalf. I have taken into account what he has told me about your family circumstancesand the fact that you have a young son. However, the only real mitigation in this case is your plea of guilty, for which you areentitled to the usual discount of one-third.

8. I accordingly pass a sentence of 3 years 4 months’ imprisonment on you.

(Discussion re suspended sentenced)

9. The sentence I am passing is 3 years 4 months on the current charge and I order that 5 months of the suspended sentence passed on30 December 2010 be activated to run consecutively to the sentence of 3 years 4 months, therefore the total sentence passed on youtoday is 3 years 9 months.

P.K.M. Longley
Deputy District Judge