HKSAR v. Wong Yik

DCCC 910/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 910 OF 2015

----------------------

----------------------

---------------------

Reasons for Sentence

---------------------

1.The defendant has pleaded guilty today to one charge of trafficking in a dangerous drug.

2.The particulars are that on 5 August 2015, the defendant unlawfully trafficked 188 grammes of a powder containing 131 grammes of ketamine.  On that date at about 6 pm, two plainclothes police officers were in the Wong Tai Sin area on patrol.  They noticed the defendant as he left a building.  They thought he looked furtive, was looking around and walked in a hurried manner.  That attracted their suspicions and they stopped the defendant.  Their suspicions were very accurate and they should be congratulated.

3.They searched the defendant and in his handbag they found one bag containing 14 smaller plastic bag containing all that ketamine.  Under caution, the defendant admitted the offence.  He admitted he was delivering the ketamine for a $1,000 reward, someone called Billy had given him the drugs to deliver.  He knew that the powder was ketamine.  It is agreed that the estimated value of that amount of ketamine is about $24,000. 

4.The defendant's best mitigation today is his plea of guilty.  He is not a man with a clear record, he has four previous convictions obtained in three court appearances.  In 2011, he was sentenced to a DATC order for shoplifting.  However, five months later that order was superseded by a 5 year and 4 month term of imprisonment imposed by the High Court.  In the High Court, the defendant was convicted of robbery and wounding with intent to do grievous bodily harm.  His last conviction was dated January 2012 where he was sentenced to 3 months' imprisonment for theft. According to the record supplied, the defendant was under the Correctional Services Department supervision between May 2015 and May 2016.  This would mean he was released from that High Court term of imprisonment in May 2015.  This offence today was committed not long after his release from his last sentence.

5.As far as defendant's personal details are concerned he is only 22 years old.  He is single and lives with his parents. Between June 2015 and the date of his arrest he had employment as an airport warehouse worker.  Other details from the antecedent submitted show that he was previously, I am sure before his terms of imprisonment, addicted to Ice.  He has also told the police that he is a member of the Wo Shing Wo triad society. It is sad that at such a young age the defendant has such a poor criminal record but it is not too late to stay away from a life of crime, the defendant just has to want to.

6.There are guidelines for trafficking ketamine and I have referred myself to the authority of SJ v Hii Siew Cheng [2008] 3 HKC 323.  In that authority where between 50 to 300 grammes of ketamine is trafficked an appropriate starting point would be between 6 to 9 years' imprisonment.  Mathematically speaking here, 131 grammes of ketamine should attract a starting point of 7 years' imprisonment.  Any more ketamine and the defendant would be facing sentencing in the High Court.

7.Defendant, please stand up.  I will take into account the following: The defendant's plea of guilty, his background and mitigation, the guidelines for trafficking ketamine and the fact that although the defendant has previous convictions this is his first drug conviction. Considering all those factors, I will take a starting point of 6 years and 3 months' imprisonment.

8.Defendant is entitled to a discount of one-third for his plea today.  After that discount is applied, for this offence the defendant is sentenced to 4 years and 2 months' imprisonment.