DCCC1217/2010 HKSAR v. AMARJIT AND ANOTHER - LawHero
DCCC1217/2010
區域法院（刑事）H H Judge S. D’Almada Remedios27/3/2011
DCCC1217/2010
A A
DCCC1217/2010
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1217 OF 2010
C C
----------------------
D D
HKSAR
E v. E
Amarjit (D1)
F Singh Hardial (D2) F
G ---------------------- G
Before: H H Judge S. D’Almada Remedios
H Date: 28 March 2011 at 12.42 pm H
Present: Mr William Siu, PP of the Department of Justice, for
HKSAR
I Mr Kamlesh Arjan Sadhwani, instructed by Jal.N. I
Karbhari & Co., for both Defendants
J Offence: (1) Assaulting a police officer in the execution J
of his duty (襲擊在正當執行職務的警務人員)
(2)&(4) Possession of dangerous drugs (管有危險藥物)
K K
(3) Trafficking in dangerous drugs (販運危險藥物)
---------------------
L L
Reasons for Sentence
M --------------------- M
N N
1. 1st defendant, you have pleaded guilty to three
charges before this court. The 1st charge was a charge of
O O
assaulting a police officer in the execution of his duty,
P contrary to section 63 of the Police Force Ordinance, Cap. 232. P
The 2nd charge was a charge of possession of dangerous drugs,
Q contrary to section 8(1)(a) & (2) of the Dangerous Drugs Q
Ordinance. The 3rd charge was a charge of trafficking in
R R
dangerous drugs, contrary to section 4(1)(a) & (3) of the
Dangerous Drugs Ordinance.
S S
T 2. All three offences occurred on 8 September 2010 inside T
Room 11, 12 of the Casa Hotel in Nathan Road, Kowloon. In
U respect of the possession of dangerous drugs, you had in your U
CRT33/28.3.2011/NB 1 DCCC1217/2010/Sentence
V V
A A
possession 1.37 grammes of a mixture containing 1.02 grammes of
heroin hydrochloride, and 3.37 grammes of a crystalline solid
B B
containing 3.16 grammes of methamphetamine hydrochloride, those
C drugs being otherwise known as heroin and “ice”. For the C
trafficking charge, you trafficked in 3.66 grammes of the solid
D containing 2.89 grammes of cocaine, 12.4 grammes were a powder D
containing 8.85 grammes of ketamine, and a further 1.30 grammes
E E
of a powder containing 0.27 grammes of cocaine.
F F
3. For the 2nd defendant, you have pleaded guilty before
G me to a charge of possession of dangerous drugs. The offence was G
committed also on the same date and location as that of the 1st
H defendant’s offences. However, the drugs involved in your H
offence was 1.90 grammes of the mixture, containing 0.10 grammes
I I
of heroin hydrochloride, and 0.72 grammes of a crystalline solid
containing 0.72 grammes of methamphetamine hydrochloride, again
J J
those drugs being heroin and “ice”.
K K
4. On 8 September 2010, at about 9.05 pm, a team of
L police officers were conducting anti-narcotics operations at the L
Casa Hotel. They saw both of you leaving Room 1112 of the Casa
M Hotel at around 9.15 pm. Having disclosed their identity to you M
both, 1st defendant, you immediately tried to escape and pushed
N N
police officer PC33232, the officer mentioned in Charge 1, away.
That officer managed to push you back into the room, and you and
O O
the officer continued to struggle, during which you, 1st
P defendant, punched the officer on his face and caused him to P
fall onto the ground. Another police officer came to offer
Q assistance, and you were eventually subdued. Those are the facts Q
related to Charge 1.
R R
5. In respect of the facts for Charges 2 and 4, which are
S S
the possession of dangerous drug charges for the 1st and 2nd
T defendant respectively, soon after you were both subdued you T
were searched. Upon search, 1st defendant, you were found to
U have one plastic bag containing five packets of heroin and one U
CRT33/28.3.2011/NB 2 DCCC1217/2010/Sentence
V V
A A
plastic bag containing a crystalline solid of “ice” in your
right front trousers pocket. D2, you were found to have in your
B B
possession one plastic bag containing the heroin and one plastic
C bag containing the “ice”, also in your right front jeans pocket. C
D 6. In relation to the trafficking charge 3, the officers D
searched the Room 1112 which they saw you leaving from. Drugs
E E
were found in a drawer of a dressing table. There were ten
plastic bags containing cocaine, which was the 3.66 grammes of
F F
the solid containing 2.89 grammes of cocaine. There was one
G plastic bag containing the ketamine. There was another plastic G
bag containing the remainder of the cocaine as stipulated in the
H charge. There was a plastic straw containing traces of heroin H
and an electronic balance with six pieces of white plastic
I I
sheets, five resealable plastic bags, one pair of scissors and
one lighter.
J J
K
7. 1st defendant, under caution, you claimed that the K
drugs found on you, that is in your pocket, were for your own
L consumption with your friends outside. The drugs found inside L
the drawer and the items in the dressing table were used for
M wrapping up the cocaine for consumption with your friends M
outside. Under caution, D2, you remained silent. At the time of
N N
arrest, D1, you had HK$2,251.20, whereas D2, you had HK$660 and
a variety of foreign currencies totalling $242.
O O
P 8. After examination at the Accident & Emergency of Kwai P
Wah Hospital, the police officer, victim in Charge 1 was found
Q to have sustained a laceration wound over his right side of his Q
upper lip, and there was a slight loosening of the upper
R R
incisors, but there was no broken tooth. He was treated and
discharged on the same day.
S S
T 9. Prior to sentencing the 2nd defendant I called for a T
drug addiction treatment centre report. Today is the adjourned
U sentence hearing. In those circumstances the 1st defendant’s U
CRT33/28.3.2011/NB 3 DCCC1217/2010/Sentence
V V
A A
sentence was adjourned to today to deal with both defendants
together.
B B
C 10. 1st defendant, you are 25 years of age. You have two C
previous convictions, which are both for theft, in 2007 and
D 2009, to which you were fined on the first occasion and D
imprisoned for 21 days on the second occasion.
E E
11. In 2006 you entered as a visitor from India, and
F thereafter made a torture claim, and are now in Hong Kong as a F
torture claimant. I am informed that you have been addicted to
G G
drugs for over a year and a half and are a hardened addict. I am
informed that you are remorseful for your offences committed.
H H
You have pleaded guilty and acknowledge that your behaviour in
I respect to the police officer was unacceptable. I
J 12. As for the 2nd defendant, you are 27 years of age and J
are also from India. You have a clear record. You entered Hong
K K
Kong in September 2006, and very shortly after that also made a
torture claim and are now present in Hong Kong as a torture
L L
claimant.
M M
13. I am informed by your counsel Mr Sadhwani that you 1st
N and 2nd defendants you are both financially supported by the N
International Social Services. You receive $1,000 in cash a
O month, $1,000 in food coupons, and the rent to your premises is O
paid by them directly to the landlords.
P P
14. 2nd defendant, the drug addiction treatment centre
Q Q
report gives me a full background of yourself and your addiction
history. The report concludes that you are not suitable for
R R
admission to the drug addiction treatment centre as the medical
S officer is of the opinion that you are not a drug dependent. I S
am informed by your counsel that you had only tried “ice” and
T heroin in early September, and it was out of fun and curiosity. T
It is submitted that as this is your first offence you are
U U
agreeable to pay a financial penalty.
CRT33/28.3.2011/NB 4 DCCC1217/2010/Sentence
V V
A A
15. I turn now to the offences itself. I turn first to
B B
deal with the 2nd defendant.
C C
16. 2nd defendant, you have a clear record. As stated by
D the medical officer, you are not drug dependent as a result Mr D
Sadhwani has asked this court to impose a financial penalty.
E Although you are of clear record, I do not consider a financial E
penalty to be appropriate. As a dabbler and having curiosity and
F fun in taking drugs you had two different types of drugs in your F
possession. The heroin amount was a fairly small quantity of
G G
0.10 grammes however the “ice” was a slightly larger quantity of
0.72 grammes. You are not a drug addict and are unemployed. The
H H
only sentence I can see open to me is one of a short period of
I imprisonment. I
J 17. 2nd defendant for the offence to which you have J
pleaded guilty, Charge 4, possession of dangerous drugs, given
K K
the combination and quantity of drugs I consider a sentence of
starting point of 9 weeks’ imprisonment had I convicted you
L L
after trial, and reduce that term to 6 weeks’ imprisonment given
M your guilty plea of guilty. M
N 18. D1, I turn to your charges. Charge 1, is an offence of N
assaulting a police officer. For cases involving assaulting
O O
police officers deterrent sentences are appropriate. Police
officers, in the execution of their duty need to be protected.
P P
The injuries as a result of the punch was a laceration wound
Q over the right side of the upper lip and a slight loosening of Q
the upper incisors. This cannot be described as very minor, but
R is also not the most serious of its kind. In assessing the R
appropriate sentence, I consider that a starting point of a term
S S
of 9 weeks’ imprisonment had I convicted you after trial would
have been appropriate. You have pleaded guilty and thus full
T T
credit will be given for your plea. That term is reduced to one
U of 6 weeks’ imprisonment on Charge 1. U
CRT33/28.3.2011/NB 5 DCCC1217/2010/Sentence
V V
A A
19. Turning to Charge 2, the possession of dangerous
drugs, you had a combination of two different drugs, 1.02
B B
grammes of heroin and 3.16 grammes of “ice”. I am fully aware
C that the charge is one of possession of dangerous drugs, but C
these amounts are not particularly small. The facts clearly set
D out that you admitted that you had those drugs for your own D
consumption and for consumption with your friends outside. I
E E
must take into account that you are receiving financial
assistance of a small amount from the ISS and are also
F F
unemployed. I consider there to be a latent risk of trafficking
G in view of the quantity of drugs that you had in your G
possession. More particularly you admitted that you were going
H out to consume the drugs with your friends. H
I 20. Although you have no previous convictions relating to I
drugs and more particularly none of trafficking, you had
J admitted that you had other drugs for trafficking. I am informed J
that you are a hardened addict. For this charge of possession of
K K
dangerous drugs, had I convicted you after trial I would have
taken a starting point of 12 months’ imprisonment. However,
L L
taking into account the latent risk factor, I consider a further
M term of 6 months on top of that to be appropriate, making the M
total term of 18 months' imprisonment. However, giving you full
N credit for your plea of guilty, I reduce that term to one of 12 N
months’ imprisonment.
O O
21. I turn now to the 3rd charge of trafficking in
P P
dangerous drugs. In that charge the total cocaine that is in the
Q 11 packets, was 3.16 grammes, and the total ketamine was 8.85 Q
grammes. There are clear tariff guidelines laid down for
R trafficking in cocaine and ketamine. For cocaine, the guideline R
is laid down in the case of Lau Tak Ming given the quantity you
S S
had for trafficking, that falls within the first bracket of up
to 10 grammes of narcotic, which an appropriate sentence
T T
starting point would be 2 to 5 years’ imprisonment. Given the
U quantity you had for trafficking, I consider a starting point of U
3 years' imprisonment to be appropriate after trial.
CRT33/28.3.2011/NB 6 DCCC1217/2010/Sentence
V V
A A
22. For the ketamine drugs, the tariff guidelines are laid
B B
down in The Secretary for Justice v Hii Siew Cheng and the
guidelines for over 1 gramme to 10 grammes is a starting point
C C
of 2 to 4 years’ imprisonment. For the amount of drugs in this
D case, I consider a starting point of 3½ years’ imprisonment as a D
starting point after trial.
E E
23. In this trafficking of dangerous drugs charge you have
F a combination of drugs. The case of HKSAR v Cheng Yat Ming, F
CACC455/2010, lays down guidelines for the courts in sentencing
G G
for a combination of different drugs. There are individual
approaches to be taken or combination approaches. I take into
H H
account the fact that the drugs are heavy drugs. If the total of
I these two drugs were to be added together, that would give a I
sentence of 6½ years' imprisonment, whether on an individual
J approach or a combination approach. However, I must take into J
account an overall fair starting point, and in so doing for
K K
these two types of drugs I take an overall starting point of
6 years' imprisonment. You have, however, pleaded guilty, and
L L
your sentence shall reflect a full discount of one-third. And
M for Charge 3 you will be sentenced to 48 months' imprisonment, M
which is 4 years' imprisonment.
N N
24. 1st Defendant you have pleaded guilty to three charges
O O
before me. I must look at the totality principle in sentencing
you for these three offences. In so doing I order one week of
P P
Charge 1 to run consecutive to Charge 3, 4 months of Charge 2 to
Q run consecutive to Charge 3. So that would, in total, make a Q
term of 52 months and 7 days, or otherwise your total term is 4
R years 4 months and 7 days’ imprisonment. R
S S
T T
(S. D’Almada Remedios)
U District Judge U
CRT33/28.3.2011/NB 7 DCCC1217/2010/Sentence
V V
A A
DCCC1217/2010
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1217 OF 2010
C C
----------------------
D D
HKSAR
E v. E
Amarjit (D1)
F Singh Hardial (D2) F
G ---------------------- G
Before: H H Judge S. D’Almada Remedios
H Date: 28 March 2011 at 12.42 pm H
Present: Mr William Siu, PP of the Department of Justice, for
HKSAR
I Mr Kamlesh Arjan Sadhwani, instructed by Jal.N. I
Karbhari & Co., for both Defendants
J Offence: (1) Assaulting a police officer in the execution J
of his duty (襲擊在正當執行職務的警務人員)
(2)&(4) Possession of dangerous drugs (管有危險藥物)
K K
(3) Trafficking in dangerous drugs (販運危險藥物)
---------------------
L L
Reasons for Sentence
M --------------------- M
N N
1. 1st defendant, you have pleaded guilty to three
charges before this court. The 1st charge was a charge of
O O
assaulting a police officer in the execution of his duty,
P contrary to section 63 of the Police Force Ordinance, Cap. 232. P
The 2nd charge was a charge of possession of dangerous drugs,
Q contrary to section 8(1)(a) & (2) of the Dangerous Drugs Q
Ordinance. The 3rd charge was a charge of trafficking in
R R
dangerous drugs, contrary to section 4(1)(a) & (3) of the
Dangerous Drugs Ordinance.
S S
T 2. All three offences occurred on 8 September 2010 inside T
Room 11, 12 of the Casa Hotel in Nathan Road, Kowloon. In
U respect of the possession of dangerous drugs, you had in your U
CRT33/28.3.2011/NB 1 DCCC1217/2010/Sentence
V V
A A
possession 1.37 grammes of a mixture containing 1.02 grammes of
heroin hydrochloride, and 3.37 grammes of a crystalline solid
B B
containing 3.16 grammes of methamphetamine hydrochloride, those
C drugs being otherwise known as heroin and “ice”. For the C
trafficking charge, you trafficked in 3.66 grammes of the solid
D containing 2.89 grammes of cocaine, 12.4 grammes were a powder D
containing 8.85 grammes of ketamine, and a further 1.30 grammes
E E
of a powder containing 0.27 grammes of cocaine.
F F
3. For the 2nd defendant, you have pleaded guilty before
G me to a charge of possession of dangerous drugs. The offence was G
committed also on the same date and location as that of the 1st
H defendant’s offences. However, the drugs involved in your H
offence was 1.90 grammes of the mixture, containing 0.10 grammes
I I
of heroin hydrochloride, and 0.72 grammes of a crystalline solid
containing 0.72 grammes of methamphetamine hydrochloride, again
J J
those drugs being heroin and “ice”.
K K
4. On 8 September 2010, at about 9.05 pm, a team of
L police officers were conducting anti-narcotics operations at the L
Casa Hotel. They saw both of you leaving Room 1112 of the Casa
M Hotel at around 9.15 pm. Having disclosed their identity to you M
both, 1st defendant, you immediately tried to escape and pushed
N N
police officer PC33232, the officer mentioned in Charge 1, away.
That officer managed to push you back into the room, and you and
O O
the officer continued to struggle, during which you, 1st
P defendant, punched the officer on his face and caused him to P
fall onto the ground. Another police officer came to offer
Q assistance, and you were eventually subdued. Those are the facts Q
related to Charge 1.
R R
5. In respect of the facts for Charges 2 and 4, which are
S S
the possession of dangerous drug charges for the 1st and 2nd
T defendant respectively, soon after you were both subdued you T
were searched. Upon search, 1st defendant, you were found to
U have one plastic bag containing five packets of heroin and one U
CRT33/28.3.2011/NB 2 DCCC1217/2010/Sentence
V V
A A
plastic bag containing a crystalline solid of “ice” in your
right front trousers pocket. D2, you were found to have in your
B B
possession one plastic bag containing the heroin and one plastic
C bag containing the “ice”, also in your right front jeans pocket. C
D 6. In relation to the trafficking charge 3, the officers D
searched the Room 1112 which they saw you leaving from. Drugs
E E
were found in a drawer of a dressing table. There were ten
plastic bags containing cocaine, which was the 3.66 grammes of
F F
the solid containing 2.89 grammes of cocaine. There was one
G plastic bag containing the ketamine. There was another plastic G
bag containing the remainder of the cocaine as stipulated in the
H charge. There was a plastic straw containing traces of heroin H
and an electronic balance with six pieces of white plastic
I I
sheets, five resealable plastic bags, one pair of scissors and
one lighter.
J J
K
7. 1st defendant, under caution, you claimed that the K
drugs found on you, that is in your pocket, were for your own
L consumption with your friends outside. The drugs found inside L
the drawer and the items in the dressing table were used for
M wrapping up the cocaine for consumption with your friends M
outside. Under caution, D2, you remained silent. At the time of
N N
arrest, D1, you had HK$2,251.20, whereas D2, you had HK$660 and
a variety of foreign currencies totalling $242.
O O
P 8. After examination at the Accident & Emergency of Kwai P
Wah Hospital, the police officer, victim in Charge 1 was found
Q to have sustained a laceration wound over his right side of his Q
upper lip, and there was a slight loosening of the upper
R R
incisors, but there was no broken tooth. He was treated and
discharged on the same day.
S S
T 9. Prior to sentencing the 2nd defendant I called for a T
drug addiction treatment centre report. Today is the adjourned
U sentence hearing. In those circumstances the 1st defendant’s U
CRT33/28.3.2011/NB 3 DCCC1217/2010/Sentence
V V
A A
sentence was adjourned to today to deal with both defendants
together.
B B
C 10. 1st defendant, you are 25 years of age. You have two C
previous convictions, which are both for theft, in 2007 and
D 2009, to which you were fined on the first occasion and D
imprisoned for 21 days on the second occasion.
E E
11. In 2006 you entered as a visitor from India, and
F thereafter made a torture claim, and are now in Hong Kong as a F
torture claimant. I am informed that you have been addicted to
G G
drugs for over a year and a half and are a hardened addict. I am
informed that you are remorseful for your offences committed.
H H
You have pleaded guilty and acknowledge that your behaviour in
I respect to the police officer was unacceptable. I
J 12. As for the 2nd defendant, you are 27 years of age and J
are also from India. You have a clear record. You entered Hong
K K
Kong in September 2006, and very shortly after that also made a
torture claim and are now present in Hong Kong as a torture
L L
claimant.
M M
13. I am informed by your counsel Mr Sadhwani that you 1st
N and 2nd defendants you are both financially supported by the N
International Social Services. You receive $1,000 in cash a
O month, $1,000 in food coupons, and the rent to your premises is O
paid by them directly to the landlords.
P P
14. 2nd defendant, the drug addiction treatment centre
Q Q
report gives me a full background of yourself and your addiction
history. The report concludes that you are not suitable for
R R
admission to the drug addiction treatment centre as the medical
S officer is of the opinion that you are not a drug dependent. I S
am informed by your counsel that you had only tried “ice” and
T heroin in early September, and it was out of fun and curiosity. T
It is submitted that as this is your first offence you are
U U
agreeable to pay a financial penalty.
CRT33/28.3.2011/NB 4 DCCC1217/2010/Sentence
V V
A A
15. I turn now to the offences itself. I turn first to
B B
deal with the 2nd defendant.
C C
16. 2nd defendant, you have a clear record. As stated by
D the medical officer, you are not drug dependent as a result Mr D
Sadhwani has asked this court to impose a financial penalty.
E Although you are of clear record, I do not consider a financial E
penalty to be appropriate. As a dabbler and having curiosity and
F fun in taking drugs you had two different types of drugs in your F
possession. The heroin amount was a fairly small quantity of
G G
0.10 grammes however the “ice” was a slightly larger quantity of
0.72 grammes. You are not a drug addict and are unemployed. The
H H
only sentence I can see open to me is one of a short period of
I imprisonment. I
J 17. 2nd defendant for the offence to which you have J
pleaded guilty, Charge 4, possession of dangerous drugs, given
K K
the combination and quantity of drugs I consider a sentence of
starting point of 9 weeks’ imprisonment had I convicted you
L L
after trial, and reduce that term to 6 weeks’ imprisonment given
M your guilty plea of guilty. M
N 18. D1, I turn to your charges. Charge 1, is an offence of N
assaulting a police officer. For cases involving assaulting
O O
police officers deterrent sentences are appropriate. Police
officers, in the execution of their duty need to be protected.
P P
The injuries as a result of the punch was a laceration wound
Q over the right side of the upper lip and a slight loosening of Q
the upper incisors. This cannot be described as very minor, but
R is also not the most serious of its kind. In assessing the R
appropriate sentence, I consider that a starting point of a term
S S
of 9 weeks’ imprisonment had I convicted you after trial would
have been appropriate. You have pleaded guilty and thus full
T T
credit will be given for your plea. That term is reduced to one
U of 6 weeks’ imprisonment on Charge 1. U
CRT33/28.3.2011/NB 5 DCCC1217/2010/Sentence
V V
A A
19. Turning to Charge 2, the possession of dangerous
drugs, you had a combination of two different drugs, 1.02
B B
grammes of heroin and 3.16 grammes of “ice”. I am fully aware
C that the charge is one of possession of dangerous drugs, but C
these amounts are not particularly small. The facts clearly set
D out that you admitted that you had those drugs for your own D
consumption and for consumption with your friends outside. I
E E
must take into account that you are receiving financial
assistance of a small amount from the ISS and are also
F F
unemployed. I consider there to be a latent risk of trafficking
G in view of the quantity of drugs that you had in your G
possession. More particularly you admitted that you were going
H out to consume the drugs with your friends. H
I 20. Although you have no previous convictions relating to I
drugs and more particularly none of trafficking, you had
J admitted that you had other drugs for trafficking. I am informed J
that you are a hardened addict. For this charge of possession of
K K
dangerous drugs, had I convicted you after trial I would have
taken a starting point of 12 months’ imprisonment. However,
L L
taking into account the latent risk factor, I consider a further
M term of 6 months on top of that to be appropriate, making the M
total term of 18 months' imprisonment. However, giving you full
N credit for your plea of guilty, I reduce that term to one of 12 N
months’ imprisonment.
O O
21. I turn now to the 3rd charge of trafficking in
P P
dangerous drugs. In that charge the total cocaine that is in the
Q 11 packets, was 3.16 grammes, and the total ketamine was 8.85 Q
grammes. There are clear tariff guidelines laid down for
R trafficking in cocaine and ketamine. For cocaine, the guideline R
is laid down in the case of Lau Tak Ming given the quantity you
S S
had for trafficking, that falls within the first bracket of up
to 10 grammes of narcotic, which an appropriate sentence
T T
starting point would be 2 to 5 years’ imprisonment. Given the
U quantity you had for trafficking, I consider a starting point of U
3 years' imprisonment to be appropriate after trial.
CRT33/28.3.2011/NB 6 DCCC1217/2010/Sentence
V V
A A
22. For the ketamine drugs, the tariff guidelines are laid
B B
down in The Secretary for Justice v Hii Siew Cheng and the
guidelines for over 1 gramme to 10 grammes is a starting point
C C
of 2 to 4 years’ imprisonment. For the amount of drugs in this
D case, I consider a starting point of 3½ years’ imprisonment as a D
starting point after trial.
E E
23. In this trafficking of dangerous drugs charge you have
F a combination of drugs. The case of HKSAR v Cheng Yat Ming, F
CACC455/2010, lays down guidelines for the courts in sentencing
G G
for a combination of different drugs. There are individual
approaches to be taken or combination approaches. I take into
H H
account the fact that the drugs are heavy drugs. If the total of
I these two drugs were to be added together, that would give a I
sentence of 6½ years' imprisonment, whether on an individual
J approach or a combination approach. However, I must take into J
account an overall fair starting point, and in so doing for
K K
these two types of drugs I take an overall starting point of
6 years' imprisonment. You have, however, pleaded guilty, and
L L
your sentence shall reflect a full discount of one-third. And
M for Charge 3 you will be sentenced to 48 months' imprisonment, M
which is 4 years' imprisonment.
N N
24. 1st Defendant you have pleaded guilty to three charges
O O
before me. I must look at the totality principle in sentencing
you for these three offences. In so doing I order one week of
P P
Charge 1 to run consecutive to Charge 3, 4 months of Charge 2 to
Q run consecutive to Charge 3. So that would, in total, make a Q
term of 52 months and 7 days, or otherwise your total term is 4
R years 4 months and 7 days’ imprisonment. R
S S
T T
(S. D’Almada Remedios)
U District Judge U
CRT33/28.3.2011/NB 7 DCCC1217/2010/Sentence
V V