HKSAR v. TSE HUNG WAI

DCCC 385/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL ACTION NO. 385 OF 2011

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HKSAR
v.
TSE Hung-wai
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Coram: Deputy District Judge M. Chow in Court

Date: 30th June 2011

Present: Ms. Chan Sze Yan, Public Prosecutor for HKSAR/DPP.
Mr. Hui Tin Fook David of M/s. David Hui and Co., assigned by the DLA, for the Defendant.

Offence: (1) Trafficking in a dangerous drug (販運危險藥物)
(2) Possession of a dangerous drug (管有危險藥物)

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Reasons for Sentence

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1. The defendant pleaded guilty to two charges:

(1) Trafficking in dangerous drug namely:- 9.21 grams of a mixture containing 7.86 grams of heroin hydrochloride.

(2) Possession of dangerous drug, namely:- 3.5 grams of a crystalline solid contains 3.36 grams of ice.

2. All these drugs were found inside his room. Under cautions, he admitted that he intended to sell the heroin to others to earn aliving. While the ice was for his own consumption.

His criminal record

3. The defendant has 28 convictions since 1995, when he was 16 years old. He is now 33 of age.

4. Most of the convictions were related to theft. One related to Possession of Dangerous Drugs in 1998.

Mitigation

5. The defendant asked this court to pass a lenient sentence as he would turn over a new leaf after his release from prison.

6. The defendant will face a period of imprisonment, he also wished the Social Welfare Department to assist his mother.

Sentence

7. When I passed sentence on the Defendant, I bear in mind that he pleaded guilty to the charges and all the mitigating factors.

8. According to the leading authority of Lau Tak Ming [1990] 2 HKLR 370, the quantity of 7.86 grams heroin falls into the sentencing bracket of 2 to 5 years.

9. I, therefore, adopt a 4 years 3 months as starting point, reduce to 2 years 10 months because of his guilty plea.

10. As to the 2nd charge, the quantity involved was 3.36 grams of ice and it is for his own consumption. I therefore take a starting point of 12 months,reduce to 8 months, 4 months concurrent to the 1st charge and the remaining 4 month be consecutive to the 1st charge.

11. Total : 3 years 2 months

( M. Chow )
Deputy District Judge