HKSAR v. Chan Man Chung

HCCC 570/2013
(Amended)

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 570 OF 2013

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REASONS FOR SENTENCE
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1.On 9 March 2015 the defendant, who was the 2^nd defendant in the original indictment pleaded guilty to Count 2 on the amended indictment. This offence concerned him trafficking in 160.63 grammes of ketamine together with the 1^st defendant on the original indictment on the evening of 6 June 2013. The two of them were observed by customs officers in a vehicle with the registration number RC9730. They went to a petrol station and parked the vehicle at one of the petrol pumps. The defendant was the driver of the vehicle and the 1^st defendant was seated next to him in the front passenger seat. The 1^st defendant alighted from the vehicle and went to the toilet of the petrol station. As the 1^st defendant was coming out of the toilet, she was intercepted by customs officers. Upon a search of the 1^st defendant, customs officers found inside the pocket of her upper garment, one small zip lock bag containing ketamine and two folded banknotes each containing a small amount of ketamine.

2.Upon a search of the vehicle, customs officers found inside a concealed compartment in the front of the gearstick, a large transparent zip lock bag in which were two transparent zip lock bags, one containing a bundle of transparent zip lock bags and the other containing 16 transparent zip lock bags with a quantity of ketamine inside each of them, and inside the open sleeve of the driver’s door a plastic bag in which was an electronic scale. 

3.The defendant upon arrest and caution denied any knowledge of the drugs in the vehicle.  He initially said that he had borrowed the vehicle from a friend to go out with his girlfriend, the 1^st defendant.

4.By the summary of facts, he now admits that he was trafficking in ketamine on the evening of 6 June 2013.  He admits that the vehicle was purchased by him but registered in a friend’s name.  He also admits that on the day in question the drugs were stored in a compartment near the gear stick and the drugs would be measured and packaged in small packets of about 14 grammes each and then sold from the vehicle for about $800 to $900 per packet. 

5.At one stage I was considering whether the defendant was entitled to a full one-third discount for his plea of guilty due to the previous occasions when trial dates were vacated in order for him to obtain legal representation.  However, there was a change of circumstances when the 1^st defendant pleaded guilty and agreed to be a prosecution witness against him.  It also resulted in an additional charge being laid with more serious allegations being made against him.  He had requested an adjournment to arrange legal representation prior to the last set of trial dates.  Given the seriousness of the new allegations I have decided that in those circumstances his tardiness in arranging legal representation should not result in him not receiving the full one-third discount.

6.There is very little that can be said by way of mitigation.  He is a relatively young man of 27 years of age and yet has a number of prior convictions which include several that are drug related for which he has been given sentences that have involved rehabilitation.  I do note that whilst on bail for this case he was involved in an incident with police where he resisted and assaulted a police officer.  For that offence he received one month’s imprisonment. 

7.The sentencing regime for trafficking in ketamine is governed by guidelines laid down in S for J v Hii Siew Cheng [2009] 1 HKLRD 1 and the starting point for the quantity of ketamine involved is 7 years and 3 months’ imprisonment.  There being no other mitigation but for the defendant’s plea of guilty for which he receives a one-third discount, he is sentenced to 4 years and 9 months’ imprisonment. 

Mr Bernard M Ryan, counsel on fiat, for the HKSAR

Mrs Mahinder M Panesar, instructed by Ip Kwan & Co, assigned by the Director of Legal Aid, for the defendant