A A
DCCC694/2012
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 694 OF 2012
C C
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D D
HKSAR
E v. E
Tse Yu-hin
F F
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G G
Before: H H Judge S. D’Almada Remedios
Date: 9 November 2012 at 3.27 pm
H Present: Ms Vickie Ling, PP of the Department of Justice, for H
HKSAR
Mr William G Allan, instructed by Raymond T M Lau &
I Co, assigned by the Director of Legal Aid, for the I
Defendant
J Offence: (1) Trafficking in a dangerous drug (販運危險藥物) J
(2) - (3) Assaulting a police officer in the execution
of his duty (襲擊執行職責的警務人員)
K K
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L L
Reasons for Sentence
M --------------------- M
N N
1. Defendant, you were charged with three offences. You
pleaded guilty to two charges of assaulting a police officer,
O O
contrary to section 63 of the Police Force Ordinance, and I
P convicted you after trial of an offence of trafficking in P
dangerous drugs, contrary to section 4(1)(a) and (3) of the
Q Dangerous Drugs Ordinance. Q
R 2. I had found that on 8 June 2012 at about 10.15 pm R
whilst you were being searched by a police officer you pushed
S S
and fled the searching and in the midst of the chase by three
police officers you assaulted and injured two of those police
T T
officers.
U U
CRT33/9.11.2012/LT 1 DCCC694/2012/Sentence
V V
A A
3. Towards the end of the chase one of the officers saw
that you put your right hand into your right trousers pockets
B B
and throw a packet of drugs into the hillside. The packet of
C drugs was eventually found with the assistance of a sniffer dog C
and inside one packet were two smaller packets containing 22.71
D grammes of ketamine. D
E E
4. I was satisfied that you had avoided being searched by
the police officers because you did not want the police officers
F F
to discover that drugs were in your possession. You further
G attempted to discard the drugs during the chase also in an G
attempt to dispose of the drugs so the police could not find it.
H H
5. The two police officers whom you had assaulted were
I I
sent to hospital for treatment and one of them was found to
sustain abrasions on his right elbow and both knees and a
J J
laceration on his head. The other officer was found to sustain
K
tenderness on his left forearm, left knee and right middle K
finger, swelling on his left forearm and left knees, abrasion on
L his left forearm and laceration on his right middle finger. L
M 6. Defendant, your counsel, Mr William Allan, has made M
full and thorough mitigation on your behalf before me. I have
N N
taken into account all that he has had to say. He stressed that
you wish to apologise to the officers for assaulting them, that
O O
you knew it was wrong, that is why you pleaded guilty, and you
P did so out of impulse. P
Q 7. You are 20 years of age. At the time of commission of Q
the offence you were 19 years of age. You have three previous
R R
convictions, two related to possession of dangerous drugs, to
which in 2009 you were sentenced to Detention Centre and in 2011
S S
to the Drug Addiction Treatment Centre. You also have one
T similar or related to violence in 2008, a conviction for T
wounding under section 19, to which you were sentenced to
U probation for 3 years. U
CRT33/9.11.2012/LT 2 DCCC694/2012/Sentence
V V
A A
8. Mr Allan has correctly referred me to the tariff case
B B
of Hii Siew Cheng for trafficking in dangerous drugs such as
C ketamine. As is said by the Court of Appeal, youth is not an C
exception for not following the guidelines.
D D
9. Defendant, I have no doubt you know the severity of
E E
this offence. You have already been detained at the Detention
Centre for possession of dangerous drugs and have also served a
F F
drug addiction treatment rehabilitation.
G G
10. Defendant, taking into account, the quantity of drugs
H to which you had in your possession for the purposes of unlawful H
trafficking I consider the appropriate sentence to be one of
I I
4years 6 months imprisonment. That is the term to which you
shall be so sentenced for Charge 1.
J J
K
11. For Charges 2 and 3, they were offences of assaulting K
a police officer, I consider the proper sentence for those two
L charges to be one of one month imprisonment. L
M 12. However, having considered the principle of totality, M
I shall order one week of Charge 2 to run consecutive to Charge
N N
1 and the remainder of the term in Charges 2 and 3 to run
concurrent. That means your total sentence will be 4 years
O O
6 months and 1 week or 7 days imprisonment.
P P
Q Q
R R
(S. D’Almada Remedios)
District Judge
S S
T T
U U
CRT33/9.11.2012/LT 3 DCCC694/2012/Sentence
V V