HKSAR v. MA CHUN YU

DCCC1133/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1133 OF 2010

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HKSAR
v.
Ma Chun Yu

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Before:

H H Judge Tallentire

Date:

2 March 2011 at 10.17 am

Present:

Miss Chan Sze-yan, PP, of the Department of Justice, for HKSAR
Mr Ho Wai-chuen, of M C A Lai & Co., assigned by the Director of Legal Aid, for the Defendant

Offence:

Possession of a dangerous drug (管有危險藥物)

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Reasons for Sentence

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1. Defendant, you pleaded guilty to a fresh charge of possession of dangerous drugs, contrary to section 8(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap.134. You admitted the brief facts and I convicted you.

2. The facts were as follows. At about 1.50 am on 31 July last, PW1, in a police vehicle patrolling outside Chinachem Golden Plaza,Science Museum Square, Tsimshatsui, saw a car parked and you, the driver, looking nervous.

3. He asked you to alight from the vehicle. He searched the car and located a plastic bag containing 17 plastic bags of suspecteddangerous drugs (“Exhibit 1”) from the driving door.

4. You were arrested and cautioned. You admitted the dangerous drugs were for your own consumption. Later, interviewed under caution,you admitted the following:

(1) the dangerous drugs was cocaine;

(2) you bought the cocaine for $3,500;

(3) the car was borrowed; and

(4) you would not answer as to the time and place of purchase.

By way of comment, of course, that is your right.

5. Later government analysis revealed it to be 4.72 grammes of a solid containing 3.51 grammes of cocaine. You had $11,200 in yourpossession. The estimated street value of the dangerous drugs was $5,036.

6. You admitted to five previous convictions on three occasions, non being similar to the present. I note the last conviction wasin 2003.

7. As the offence was one of simple possession, I ordered a DATC report, which is now before me.

8. DATC is not recommended in this case as you are not considered to be drug dependent.

9. Mr Ho entered limited mitigation on your behalf. He told me that you agreed with and accepted the contents of the DATC report. He produced to me three certificates related to voluntary service which you have undertaken and you have to be commended for that. That service relates to recent years. Also, there is a letter from yourself in which you express regret and the intention to keepaway from drugs in the future.

10. He told me that you had been in custody for some 7 months since your arrest in July, and he asked me for a lenient sentence, whichwould allow your immediate release.

11. I turn now to the sentence.

12. The main concern in this case is of course the quantity of cocaine, being 3.51 grammes, which is not an insubstantial amount. However,this is your first conviction regarding drugs, your first for possession of dangerous drugs. I accept that you are no longer drug-dependentand that you are of a mind to keep away from drugs, and have expressed remorse for what you have done.

13. I therefore, take as a starting point 9 months’ imprisonment, reduced to 6 for your plea of guilty, and you will go to prisonfor 6 months, and I order your immediate release.

Tallentire
District Judge