A A
DCCC611/2009
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 611 OF 2009
C C
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D HKSAR D
v.
E E
Lee Sin Yu
F F
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G G
Before: Deputy District Judge Woodcock
Date: 28 October 2009 at 10.01 am
H Present: Miss Lo Shui-ying,Sabra, PP, of the Department of H
Justice, for HKSAR
I
Miss Chow Hoi-ling, Juliana, instructed by S.Y. Wong & I
Co., assigned by the Director of Legal Aid, for the
Defendant
J Offence: Trafficking in a dangerous drug (販運危險藥物) J
K K
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L L
Reasons for Sentence
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N N
1. The defendant has pleaded guilty to one charge of
trafficking dangerous drugs. The quantity involved here is 26.81
O O
grammes of powder containing 21.34 grammes of ketamine.
P P
2. The facts of the case are very straightforward. The
Q police stopped and searched the defendant and found this amount Q
of ketamine in two plastic bags. Under caution she admitted that
R she was acting as a drug mule delivering the drugs. R
S 3. The defendant, at the time of the offence, was 17 S
years old. Now, she has recently turned 18. The defendant has a
T T
clear record. On the last occasion, I heard full mitigation from
Miss Chow. I also received a letter of support in mitigation
U U
CRT39/28.10.2009/SR 1 DCCC611/2009/Sentence
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A from her employer, who she has been working for, for a good A
period of time.
B B
4. The defendant’s father was also in court and he is
C very supportive. Because of the defendant’s age on the last C
occasion, I adjourned for a training centre and rehabilitation
D D
centre suitability report. I did make it clear on the last
occasion that I was not of the view that the rehabilitation
E E
centre was a suitable punishment for an offence of this gravity.
F F
5. I will not repeat the details of the report. It goes
G through the defendant’s background. Clearly the defendant has G
not had much control in her life from a very young age. She has
H H
had a very loose lifestyle. She, by her own admission, has been
dabbling in drugs since she was about 12 years old. The report
I I
clearly says that she has admitted selling drugs to make money
J to buy drugs for her own drug habit. She disputes that and calls J
it instead sharing drugs with her friends. Sharing is as
K serious. She is, in effect, distributing it to other youths. It K
is conduct like this that exacerbates the drug problem amongst
L L
teenagers.
M M
6. From the details of the report of the defendant’s
N
lifestyle, clearly she is in need of rehabilitation. I have N
considered whether this is a suitable case for a training centre
O or whether I should consider a term of imprisonment. According O
to guidelines where ketamine is concerned, the defendant would
P be looking, with this quantity of drugs, at a period of 4 to 4½ P
years’ imprisonment.
Q Q
7. The defendant, being so young, the court should
R R
consider if there are any other alternatives suitable and I
S quote from section 4.1 of the Training Centres Ordinance, Cap. S
280.
T “Where the court is satisfied that it is in the T
interest of the community, and that having regard to
U
his character and previous conduct and to the U
CRT39/28.10.2009/SR 2 DCCC611/2009/Sentence
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A circumstances of the offence, it is expedient for his A
reformation and for the prevention of crime, that he
should undergo a period of training in a training
B centre, the court may, in lieu of any other sentence, B
pass a sentence of detention in a training centre.”
C C
8. In view of the defendant’s age and the facts of this
case, and background, I am minded to take this course of action.
D D
I note that a rehabilitation centre has been deemed suitable.
E However, in my view, it would not reflect the seriousness of E
this offence. It has been impressed upon me that the defendant
F has been in custody for six months already. F
G G
9. The defendant has been in custody; the defendant was
not granted bail because of the gravity of this offence. It is
H H
not, in a case of this nature, a matter that will greatly affect
I
the sentence I impose. I see, from the report, the defendant is I
mentally and physically fit for a training centre. I will
J consider a training centre over a term of imprisonment. J
K 10. For this offence the defendant is sentenced to a K
training centre order.
L L
M M
N N
O A. J. Woodcock O
Deputy District Judge
P P
Q Q
R R
S S
T T
U U
CRT39/28.10.2009/SR 3 DCCC611/2009/Sentence
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