HKSAR v. Wong Tat Wai

DCCC 679/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 679 OF 2015

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REASONS FOR SENTENCE

1.Wong Tat Wai you have pleaded guilty to one charge of trafficking in 106.8 grammes of a solid containing 92.2 grammes of ketamine, contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2.In summary around 5:10 p.m. on the 5 June this year the police made enquiries with you inside the “I-one Cyber Café” in Kwun Tong.  The police conducted a search and found, from the left front pocket of your trousers, a total of eight plastic bags containing the ketamine.  In a video-interview you told the police you were not a drug abuser.  

3.I have carefully considered everything said on your behalf by Mr Hui together with your mitigation letter.    

4.In Secretary for Justice v Hii Siew Cheng[2008] 3 HKC 325 the Court of Appeal laid down guidelines for trafficking in ketamine.  Where the narcotic content is between 50 and 300 grammes sentence after trial falls within the range of 6-9 years imprisonment.

5.A court may take into account in determining where within that range sentence falls whether there is a previous history of narcotic offences.  Taking into account you have a clear record I am satisfied a starting point of 6 years and 3 months imprisonment is appropriate for trafficking in 92.2 grammes of ketamine.  Giving you full credit for your plea of guilty you are convicted and sentenced to 4 years and 2 months imprisonment.