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HCCC 318/2016
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 318 OF 2016
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| Date: |
15 September 2016 at 9.47 am |
| Present: |
Mr Cheng Sin-tsing Lenny, SPP(Ag) of Department of Justice, for HKSAR
Miss Yap Ching-ching, instructed by Chan & Tsu, assigned by DLA, for the accused
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| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT:
The defendant pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.
He was intercepted by police officers at the Ma On Shan Station Exit and was found to be in possession of one resealable plastic bag of drugs in a sling bag. He admitted that he was offered $1,000 for delivering the drugs from Tin Shui Wai to Ma On Shan.
The market retail value of the drugs was in the region of $31,000. Upon analysis, the mixture was found to be a total of 246 grammes of a powder containing 151 grammes of ketamine.
The defendant is now aged 29. He has ten previous convictions, six of which related to dangerous drugs. His last conviction is in 2013 for resisting or obstructing a public or authorised officer. He was sentenced to 3 days consecutive to the earlier sentence of 3 months’ imprisonment. He was last discharged from prison on 24 April 2013.
By way of mitigation, it was advanced that the defendant’s father was unemployed since 2014 and he was the sole financial supporter of his family. Prior to his arrest, he worked as a casual construction worker, earning $12,000 a month. He was drawn to commit this offence in order to earn quick money but he has not yet received the promised reward. He is remorseful now and he promised to study whilst he is in custody in order to better equip himself after his discharge to reintegrate into society.
In sentencing the defendant, I have taken into account the nature of the offence, the drugs involved, its quantity and the sentencing tariff. I have also taken into account his plea and mitigation and perused his handwritten letter of mitigation.
For trafficking in ketamine weighing between 50 to 300 grammes, the guideline is a tariff of 6 to 9 years. For the present amount of narcotic, I adopt a starting point of 7 years’ imprisonment.
I shall give him the full one-third discount for his early plea and he is sentenced to 56 months’ imprisonment.
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