A A
DCCC 942/2012
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO 942 OF 2012 C
D
---------------------- D
HKSAR
E E
v
F Li Jianyu F
G ---------------------- G
Before: HH Judge Geiser
H Date: 31 December 2012 at 10.59 am H
Present: Ms Irene Poon, SPP of the Department of Justice, for
HKSAR
I Miss Lam Tsz-ying Priscilia, instructed by Lim & Lok, I
assigned by the Director of Legal Aid, for the
J defendant J
Offence: (1) Trafficking in dangerous drugs (販運危險藥物)
(2) Possession of dutiable goods (管有應課稅貨品)
K (3) Failure to declare to a member of the Customs & K
Excise Service (沒有向香港海關人員申報)
L L
---------------------
M Reasons for Sentence M
N
--------------------- N
O 1. Defendant, you have pleaded guilty to three charges, O
the first being an offence of trafficking in dangerous drugs,
P contrary to section 4(1)(a) and 3 of the Dangerous Drugs P
Ordinance, Cap.134, Laws of Hong Kong, the particulars being
Q Q
that you on 7 July of this year at the search room in the
arrivals hall of Lok Ma Chau Control Point, you unlawfully
R R
trafficked in 9.91 grammes of heroin, 26 tablets containing
S 0.34 grammes of midazolam and 0.51 grammes of methamphetamine S
hydrochloride.
T T
2. The second and third charges are offences under the
U U
Dutiable Commodities Ordinance, Cap.109, Laws of Hong Kong, and
CRT25/31.12.2012/ML 1 DCCC 942/2012/Sentence
V V
A A
relate to your being in possession of 401 cigarettes (that is
Charge 2) and failing to declare them (that is Charge 3).
B B
C 3. The facts of this case, which you have agreed, speak C
for themselves and quite simply establish that on the day and at
D the place named in the charge, these drugs were found on you D
upon your arrival in Hong Kong, together with the cigarettes,
E E
after you had passed through the “Nothing to Declare” channel.
F F
4. You were arrested and admitted under caution that the
G drugs were for your own consumption. G
H 5. By way of mitigation, it has been said on your behalf H
that although you did bring these drugs into Hong Kong from the
I I
Mainland and, therefore, quite properly, charged with
trafficking, that these drugs were, in fact, for your own
J J
consumption.
K K
6. In support of that proposition is a letter from the
L medical officer at Tai Lam Centre for Women, who confirms that L
upon your admission to this institution shortly after your
M arrest, indeed, on 9 July of this year, a sample of your urine M
tested positive for “Ice” and that you probably were a drug
N N
dependent.
O O
7. It has also been put before me that you started taking
P drugs some two years ago because you became depressed when you P
discovered that your husband was having an affair. Your
Q addiction to drugs steadily increased over time, to the extent Q
that by April of 2012, you were taking drugs on a daily basis.
R R
8. You are 43 years of age, married but separated from
S S
your husband, although, I understand, living under the same roof
T with him. You have two children, a boy and a girl, 12 and T
15 years respectively.
U U
CRT25/31.12.2012/ML 2 DCCC 942/2012/Sentence
V V
A A
9. You have no previous convictions for drug-related
offences. Indeed, you have no prior convictions at all, save for
B B
an offence for breach of condition of stay, which I will ignore
C for the purposes of sentencing. C
D 10. Regarding the sentence on the 1st charge, which D
involves a cocktail of drugs, I propose to adopt the combined
E E
approach and, as the vast majority of drugs involved was heroin
(9.91 grammes), the proper starting point would be in the
F F
vicinity of 4½ years’ imprisonment.
G G
11. Taking account of the smaller quantities of other
H drugs involved - that is, 0.35 grammes of midazolam and H
0.52 grammes of “Ice” - I propose to increase that starting
I I
point to one of 5 years’ imprisonment.
J J
12. You are entitled to a one-third deduction in sentence
K
to take account of your plea of guilty to this charge, coming to K
40 months’ imprisonment in relation to Charge 1.
L L
13. I am prepared to accept that you have these drugs on
M you for your own consumption and I will, therefore, give you a M
further discount in sentence of 12 months to reflect this,
N N
coming to an overall sentence of 28 months’ imprisonment on
Charge 1.
O O
P 14. In relation to Charges 2 and 3, I impose a sentence of P
1-month imprisonment on each charge, to run concurrently with
Q each other and concurrently to Charge 1, coming to a total Q
sentence of 28 months’ imprisonment in all.
R R
S S
T T
H H Judge Geiser
U
District Judge U
CRT25/31.12.2012/ML 3 DCCC 942/2012/Sentence
V V
A A
DCCC 942/2012
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO 942 OF 2012 C
D
---------------------- D
HKSAR
E E
v
F Li Jianyu F
G ---------------------- G
Before: HH Judge Geiser
H Date: 31 December 2012 at 10.59 am H
Present: Ms Irene Poon, SPP of the Department of Justice, for
HKSAR
I Miss Lam Tsz-ying Priscilia, instructed by Lim & Lok, I
assigned by the Director of Legal Aid, for the
J defendant J
Offence: (1) Trafficking in dangerous drugs (販運危險藥物)
(2) Possession of dutiable goods (管有應課稅貨品)
K (3) Failure to declare to a member of the Customs & K
Excise Service (沒有向香港海關人員申報)
L L
---------------------
M Reasons for Sentence M
N
--------------------- N
O 1. Defendant, you have pleaded guilty to three charges, O
the first being an offence of trafficking in dangerous drugs,
P contrary to section 4(1)(a) and 3 of the Dangerous Drugs P
Ordinance, Cap.134, Laws of Hong Kong, the particulars being
Q Q
that you on 7 July of this year at the search room in the
arrivals hall of Lok Ma Chau Control Point, you unlawfully
R R
trafficked in 9.91 grammes of heroin, 26 tablets containing
S 0.34 grammes of midazolam and 0.51 grammes of methamphetamine S
hydrochloride.
T T
2. The second and third charges are offences under the
U U
Dutiable Commodities Ordinance, Cap.109, Laws of Hong Kong, and
CRT25/31.12.2012/ML 1 DCCC 942/2012/Sentence
V V
A A
relate to your being in possession of 401 cigarettes (that is
Charge 2) and failing to declare them (that is Charge 3).
B B
C 3. The facts of this case, which you have agreed, speak C
for themselves and quite simply establish that on the day and at
D the place named in the charge, these drugs were found on you D
upon your arrival in Hong Kong, together with the cigarettes,
E E
after you had passed through the “Nothing to Declare” channel.
F F
4. You were arrested and admitted under caution that the
G drugs were for your own consumption. G
H 5. By way of mitigation, it has been said on your behalf H
that although you did bring these drugs into Hong Kong from the
I I
Mainland and, therefore, quite properly, charged with
trafficking, that these drugs were, in fact, for your own
J J
consumption.
K K
6. In support of that proposition is a letter from the
L medical officer at Tai Lam Centre for Women, who confirms that L
upon your admission to this institution shortly after your
M arrest, indeed, on 9 July of this year, a sample of your urine M
tested positive for “Ice” and that you probably were a drug
N N
dependent.
O O
7. It has also been put before me that you started taking
P drugs some two years ago because you became depressed when you P
discovered that your husband was having an affair. Your
Q addiction to drugs steadily increased over time, to the extent Q
that by April of 2012, you were taking drugs on a daily basis.
R R
8. You are 43 years of age, married but separated from
S S
your husband, although, I understand, living under the same roof
T with him. You have two children, a boy and a girl, 12 and T
15 years respectively.
U U
CRT25/31.12.2012/ML 2 DCCC 942/2012/Sentence
V V
A A
9. You have no previous convictions for drug-related
offences. Indeed, you have no prior convictions at all, save for
B B
an offence for breach of condition of stay, which I will ignore
C for the purposes of sentencing. C
D 10. Regarding the sentence on the 1st charge, which D
involves a cocktail of drugs, I propose to adopt the combined
E E
approach and, as the vast majority of drugs involved was heroin
(9.91 grammes), the proper starting point would be in the
F F
vicinity of 4½ years’ imprisonment.
G G
11. Taking account of the smaller quantities of other
H drugs involved - that is, 0.35 grammes of midazolam and H
0.52 grammes of “Ice” - I propose to increase that starting
I I
point to one of 5 years’ imprisonment.
J J
12. You are entitled to a one-third deduction in sentence
K
to take account of your plea of guilty to this charge, coming to K
40 months’ imprisonment in relation to Charge 1.
L L
13. I am prepared to accept that you have these drugs on
M you for your own consumption and I will, therefore, give you a M
further discount in sentence of 12 months to reflect this,
N N
coming to an overall sentence of 28 months’ imprisonment on
Charge 1.
O O
P 14. In relation to Charges 2 and 3, I impose a sentence of P
1-month imprisonment on each charge, to run concurrently with
Q each other and concurrently to Charge 1, coming to a total Q
sentence of 28 months’ imprisonment in all.
R R
S S
T T
H H Judge Geiser
U
District Judge U
CRT25/31.12.2012/ML 3 DCCC 942/2012/Sentence
V V