HKSAR v. NGAI KAI LEONG

DCCC1171/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1171 OF 2008

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HKSAR

v.

Ngai Kai-leong

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Before: Deputy District Judge W C Li

Date: 8 April 2009 at 9.59 am

Present:

Mr Jones Tsui, PP of the Department of Justice, for HKSAR
Mr Shaun P Kelly, instructed by Messrs Li, Wong, Lam & W I Cheung, assigned by the Legal Aid Department,for the Defendant

Offence: Trafficking in a dangerous drug, etc. (販運危險藥物等罪項)

Reasons for Sentence

1. Trafficking in “Ice” is a very serious offence. It is spreading death and destruction to others. The defendant himself is adrug addict. For this type of offence or offences, defendant’s background and his remorse carry little weight when it comes tosentencing. Sentence is basically deterrent and punitive for this kind of offence, and for “Ice,” there is a guideline for traffickingcases. For up to 10 grammes, the sentence is one between 3 and 7 years.

2. The only mitigation in this case for the defendant is his plea of guilty. Although the evidence against the defendant is quite strong,I think defendant should be entitled to the full one-third discount.

3. For Charge 1, I take a starter of 5 years’ imprisonment; and for Charge 2, on a plea, I will give him 12 months. The actual starterwould be 18 months, to be precise.

4. I take this to be one series of a transaction. The bulk of the “Ice” was taken out from his home. He was leaving home at thetime. The bulk was for trafficking, and defendant being a drug addict himself, the minute amount found in his home, I take it itwas for his own consumption or partly for his own consumption. Of course, all the paraphernalia found in his home indicated thathe was packaging and trafficking drugs.

5. For the two offences, I think it is correct to make the sentences concurrent. So on Charge 1, I sentence the defendant to 40 months’imprisonment; on Charge 2, 12 months. Sentences are to run concurrently. So, in total, it would be 40 months.

Deputy District Judge W C Li