HKSAR v. LO CHUN TUNG

DCCC 491/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 491OF 2012

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HKSAR
v.
LO Chun-tung
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Before: HH Judge E. Yip

Date: 28 August 2012 at 10:34 am

Present: Miss Monica CHAN, Public Prosecutor, of the Department of Justice, for HKSAR
Mr KAM Yee Wai Andrew, of M/s Kam & Fan assignedby DLA for Defendant

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

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Reasons for Sentence

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Charge and facts

1. In the evening, whilst leaving a residential unit in Sham Shui Po, the defendant was intercepted by the police. In a drawer underneatha sofa inside the unit were found the following items:

(1) 150 plastic bags containing a solid 41.75 grammes containing 37.89 grammes in cocaine;

(2) 1 electronic scale;

(3) 224 empty plastic bags.

2. After arrest and caution, he admitted that the cocaine belonged to him. The police estimated its street value as over $21,000.

Personal background and mitigation

3. The defendant is 36 years of age. His background report suffers a dearth of information from him. He had been a delivery workerfor several years in the past. He has 2 convictions for drug but none of trafficking. Whilst at large, after bail, for 2 yearsand 7 months, a stroke on 6 March 2012 had exposed him to arrest and reduced him to a left hemiplegic. Now a tripod has to aid hiswalk.

Sentencing guidelines

4. Traffickers shall face 5 – 8 years’ imprisonment for 10 – 50 grammes of cocaine (Attorney General v Rojas [1994] 1 HKC 342; R v Lau Tak Ming [1990] 2 HKLR 370).

Sentencing this defendant

5. I do not regard his absconding from bail or his current physical condition to have any bearing on the sentence today. He has noother mitigating factors but his plea of guilty. A starting point of 6 ½ years reduced by one-third ends up in 4 years and 4 months.

( E. Yip )
District Judge