HKSAR v. Yeung Wai Yin

DCCC 769/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 769 OF 2015

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Reasons for Sentence

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1.The defendant has pleaded guilty today to one charge of trafficking in a dangerous drug, contrary to the Dangerous Drugs Ordinance, Cap 134.

2.The particulars are that on 12 July 2015, on Shing Ho Road, Tai Wai, Shatin, the defendant unlawfully trafficked a dangerous drug, namely 246 grammes of a powder containing 149 grammes of ketamine.

3.The facts of this case are straightforward. Police officers on an anti-dangerous drug operation on Shing Ho Road that evening intercepted the defendant.  When the defendant was intercepted, he dropped a plastic bag onto the ground, which was retrieved by the police.  The ketamine was found in this plastic bag.

4.There is CCTV footage showing the defendant taking the bag from somebody in an unidentified vehicle just before the police intercepted him.

5.He was arrested and cautioned at the scene. Under caution, he admitted that the ketamine was for selling to others.

6.In a subsequent video-recorded interview at the police station, the defendant expanded on that full admission.

7.The street value of the ketamine seized was about $35,000.

8.The defendant is 29 years old.  He only has one previous conviction, which was in 2002, when he was only 16 years old.  It was a theft conviction, and he was sentenced to a probation order.  Today’s case is the first drug-related offence.

9.Mr Hui, for the defendant, has said all he can in mitigation.  The defendant has family and friends here in court to support him today.  I have a written submission which explains the defendant’s background.  The most prominent factor is the defendant has the responsibility of a 7-year-old son, who lives with his ex-girlfriend.  The defendant himself lives with his mother and brother nearby.  The defendant is financially responsible for his family.  However, at the time of the offence, he was working as a part-time air-conditioner worker, but had only about six days’ work a month.  He would earn $500 a day.

10.The defendant committed this offence for financial reasons.  His son was about to start primary school and needed, before the start of the school term, uniform and books.  The defendant did not have the money to pay for these items, which led to this offence.

11.Sadly, this offence means that not only the defendant will serve a term of imprisonment, but his son will suffer as well.

12.There are guidelines for trafficking in ketamine, and I have referred myself to the authority of Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1.  The Court of Appeal has said where between 50 to 300 grammes of ketamine is trafficked, a starting point of between 6 to 9 years would be appropriate.

13.Mathematically speaking, here, 149 grammes of ketamine should attract a starting point of 7 years and 2 months.

14.Defendant, please stand up.  I do not intend to take that as a starting point for several reasons:  your plea today, your full co‑operation with the police at the scene, and the fact you have no previous drug-related convictions.

15.I will take a starting point of 6 years and 3 months.  You have pleaded guilty.  You are entitled to a discount of one‑third from that starting point.

16.After that discount is applied, for this offence, you are sentenced to 4 years and 2 months’ imprisonment.