A A
DCCC91/2011
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 91 OF 2011
C C
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D D
HKSAR
E v. E
Wong Wing-chuen
F F
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G G
Before: H H Judge Tallentire
Date: 7 March 2011 at 10.21 am
H Present: Mr Cheung Man-kwan, Bobby, PP of the Department of H
Justice, for HKSAR
Mr Pang Kam-fai, Dickson, of Messrs Y C Lee, Pang,
I Kwok & Ip, assigned by the Director of Legal Aid, for I
the Defendant
J Offence: Trafficking in a dangerous drug (販運危險藥物) J
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K K
Reasons for Sentence
L L
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M M
1. Defendant, you pleaded guilty to a single offence of
N trafficking in dangerous drugs, contrary to sections 4(1)(a) and N
(3) of the Dangerous Drugs Ordinance, Cap.134. You admitted the
O Brief Facts and I convicted you. O
P P
2. The facts were as follows. On 7 December last, PC
33232, PW1, at about 5 pm saw you walking towards a rubbish bin
Q Q
outside Queen Elizabeth Hospital, Wylie Road, Yau Ma Tei. You
R picked up a plastic bag, which is P1, from that rubbish bin and R
placed it in your right front trouser pocket. PW1 intercepted
S you and seized P1 from your right front trouser pocket. S
T T
3. Arrested and cautioned, you said you only wished to
earn some money and was caught red-handed. You were in
U U
possession of $3,650 at that time.
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A A
4. Interviewed subsequently, you admitted the following:
B B
(1) P1 was heroin;
C (2) At about 4 am on 7 December 2010 you bought it C
from Tai Saw for $4,000 whom you met in a park;
D D
(3) Tai Saw told you to collect it from the rubbish
E E
bin at 5 pm that day;
F (4) You would sell some of P1 to your friends when you F
needed money and keep some for your self-
G G
consumption;
H H
(5) You would sell small packets for about $100 to
$150.
I I
J 5. Subsequent analysis revealed it to be 40 packets J
containing 9.68 grammes of a mixture containing 7.76 grammes of
K heroin hydrochloride. The street value was estimated at about K
$7,200.
L L
6. You admitted to 30 previous convictions, 25 of which
M M
were related to drugs.
N N
7. On your behalf, Mr Pang entered mitigation. Mr Pang
O said very little as there was very little to be said. He told O
me that you are 63, single and educated to Primary 2. He
P stressed that you were co-operative when arrested by the police. P
He told me that you had been advised that a custodial sentence
Q Q
was inevitable and he suggested a starting point of 3 and a half
to 3 and 3-quarter years giving the amount of heroin
R R
hydrochloride involved. There was nothing more that he could
S say. S
T 8. I turn now to sentence. I accept that you were co- T
operative on arrest and you pleaded guilty at the first
U U
available opportunity. You have a long and serious history of
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V V
A A
involvement with dangerous drugs. I note your first conviction
was in 1975, that is some 36 years ago. 25 of those previous
B B
convictions involve dangerous drugs and 7 involve either
C trafficking or possession for that purpose. I note the amount C
of narcotic involved in this case is just under 8 grammes.
D D
9. Taking all factors into account, I take a starting
E E
point of 4 years’ imprisonment. You are entitled and will
receive one-third discount for your plea of guilty, therefore,
F F
this will be reduced to 32 months.
G G
H H
I I
Tallentire
J District Judge J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
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