HKSAR v. Yip Shing Tim

DCCC 182/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 182 OF 2016

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Reasons for Sentence

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1.The defendant pleaded guilty to one charge of Trafficking in Dangerous Drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134. Particulars of the charge are that the defendant on 9 January 2016, outside ground floor of no.103 Argyle Street, unlawfully trafficked in a solid containing 20.23g of ketamine.

Facts

2.The defendant was intercepted by police officers after he was seen acting furtively outside no.103 Argyle Street.

3.Upon search, 3 transparent resealable plastic bags were found in the left front inner pocket of the defendant’s jacket. The bags were later found to have contained a total of 7.82g of a solid with 6.23g of ketamine.

4.The defendant then voluntarily took out another transparent resealable plastic bag from inside his underpants. This plastic bag had 7 plastic bags inside and were later found to have contained a total of 18.3g of a solid with 14g of ketamine.

5.The defendant had on his person cash of HK$11,995, RMB100 and two mobile phones with 3 SIM cards.

6.The defendant was arrested and said under caution that the ketamine was for his self-consumption.

7.The total value of the ketamine that the defendant had on him was estimated to be worth HK$3,552.32.

8.It is the prosecution's case that based on the quantity seized and the packaging of the drugs, the defendant was in possession of the ketamine for the purpose of unlawful trafficking.

Previous convictions

9.The defendant is of previously clear record.

Mitigation

10.The defendant is 22 and single. He is educated up to Form 3 level and unemployed at the time of his arrest.

11.The defendant’s father is 55, a lorry driver, earning around $12,000 per month. The defendant’s mother is a salesperson earning around $11,000 per month. They are both in court to support the defendant. The defendant has a younger brother who is a student.

12.Shortly before the commission of the present offence, the defendant was working as a temporary construction site worker earning around $15,000 per month. As mentioned, he became unemployed, decided to make some quick money and committed the present offence.

13.The defendant is remorseful and he is sorry for disappointing his family.

14.Mr Kong for the defendant pointed out the defendant’s guilty plea, his clear record and his cooperation with the Police during their investigation of the case as mitigating factors.

15.Mr Kong referred to the case of of Secretary for Justice v Hii Siew Cheng (許守城), CAAR 7/2006 for the guideline sentence for trafficking in ketamine and suggested a starting point of 4 and a half years’ imprisonment.

Sentence

16.The maximum sentence for trafficking in dangerous drugs is that of life imprisonment and fine of $5 million.

17.As set down in the case of Hii Siew Cheng, the sentencing tariff for trafficking between 10 to 50g of ketamine is that of 4 to 6 years’ imprisonment.

18.I find first of all that there are no aggravating factors in the defendant’s commission of the charge in the present case.

19.I find that there are no mitigating factors other than the defendant's guilty plea.

20.For the total narcotic contents of 20.23g of ketamine, bearing in mind the defendant’s previously clear record and applying the guideline sentence of Hii Siew Cheng, I adopt a starting point of 51 months’ imprisonment. I grant the defendant the full one-third discount for his guilty plea and sentence him to 34 months’ imprisonment.