HKSAR v. Chan Ka Hei

DCCC 782/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 782 OF 2015

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REASONS FOR SENTENCE

The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved is ketamine.

Summary of Facts

2.About 12:35 am on 25 July 2015, PC2794 (PW1) and other police officers stopped the defendant for enquiry outside Ground Floor, Fu Yiu House, Lai Yiu Estate, Kwai Chung.  She was holding a black plastic bag ("E1") in her right hand.

3.Upon search, PW1 found in E1 10 resealable plastic bags which contained a total of 128 grammes of a powder containing 44.80 grammes of ketamine (collectively "E2").  Under caution, the defendant admitted that E2 was ketamine and it belonged to her.

4.In her video recorded interview, the defendant admitted that she agreed to deliver goods for a male named "Ah Lung" for a reward of $1,500.  She first took a taxi to Jat Min Chuen.  An unknown male opened the taxi door and put E1 on the back seat. During the journey, the defendant inspected E1 and found ketamine inside.  Upon arrival, she alighted from the taxi and walked towards Fu Yiu House, where she was arrested.

Mitigation & Sentence

5.The defendant is 19[1] and has a clear record. Defence counsel Mr. CHAN informed me that the defendant is a F.4 student.  Her English teacher has positive comments for her.  The defendant's stepfather is present in court today. 

6.In mitigation, Mr. CHAN submitted that the defendant's family relies on social welfare.  At the time of the offence, the defendant's grandmother, who passed away in December 2015, was suffering from cancer.  The defendant tried foolishly to earn some money to contribute to her grandmother's medical expenses.  Mr. CHAN stressed that the defendant was used by a bad person.

7.Drug abuse has always been a problem in our society, and the HKSAR is determined to fight the battle against drugs in all aspects (from education, crime detection to recovery of proceeds of drug trafficking).  A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment even for fresh young offenders, so that there is a deterrent effect.

8.Mr. CHAN has tried his best to persuade me to consider other sentencing options (such as Training Centre) before sending the defendant to prison.  I accept that as a general principle, rehabilitation (rather than punishment) plays an important role in reforming young offenders.  On the other hand, in the past few years, I have seen a steady (if not increasing) number of teenagers in my court being charged with "drug trafficking".  Many of them were just like the defendant – persons in their late teens with clear record being used by others as "couriers".

9.When teenagers realize that the court would not treat young drug traffickers lightly, there would be, hopefully, fewer willing "couriers"; thus making it difficult for criminals to exploit our youngsters.  Unless the quantity of dangerous drugs involved is minor or exceptional circumstances exist, a wrong message would be sent to teenagers if they could avoid imprisonment owing to their age.  Undoubtedly, most of them are "used" by bad persons (or so they claim).  That is the reason why we need to make teenagers think twice before they agree to be "used".

10.The Court of Appeal has laid down clear sentencing guidelines for trafficking in ketamine (see  SJ v HII Siew Cheng [2009] 1 HKLRD 1).  For 10 to 50 grammes, the sentence ranges from 4 to 6 years' imprisonment.  The defendant trafficked in 44.80 grammes of ketamine.  For that quantity, the appropriate starting point is 5.5 years' imprisonment.

11.I see no exceptional circumstances in the present case not to impose a prison term or to depart from the sentencing tariff.  The quantity of ketamine involved is certainly not minor.  I will adopt a starting point of 5.5 years' imprisonment.  A one-third discount is given for the guilty plea, reducing the sentence to 44 months.  As an act of mercy, I will further reduce the sentence to 40 months to reflect the defendant's young age.  This is all I could do.  I sentence the defendant to 40 months' imprisonment.