HKSAR v. Tsea Wai Hung

Read the full judgment text of DCCC 590/2016 on BabelCite. This District Court judgment.

1. The Defendant pleads guilty to a charge of drug trafficking.

Cites 1 case

Case No.DCCC 590/2016
Court
District Court
Date
Judge
Case Document
100%Judiciary

DCCC 590/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 590 OF 2016

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

  HKSAR  
  v.  
  TSEA Wai-hung  

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

Before: HH Judge E. Yip
Date: 14th December 2016 at 10:49 am
Present: Mr Oliver Davies, Counsel on Fiat, for HKSAR
Mr YUEN Hsi Carl, instructed by M/s Chak & Associates assigned by DLA for Defendant
Offence: Trafficking in a dangerous drug (販運危險藥物)

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

Reasons for Sentence

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

1.The Defendant pleads guilty to a charge of drug trafficking.

2.At an early hour on 21 April 2016, the police intercepted him near Lok Wah Estate Community Centre, Ngau Tau Kok.  He was holding a paper bag containing a transparent bag with 184 grammes of a powder containing 114 grammes of ketamine.  He had 2 mobile phones and $3,740 cash on him. 

3.After arrest and caution, he said he earned $1,500 for each delivery. 

4.The estimated street value of the ketamine was $23,552. 

5.The Defendant is 24 years of age, of F. 3 education level.  He lives with his father.  His father and girlfriend put in mitigating letters for him.  He had some records mainly for possession of dangerous drugs.  There was no record for trafficking.  He had worked in various jobs before settling well in a fire engineering company for 2 years up to 2015.  There is a mitigating letter with commendation from that employer. 

6.The Court of Appeal in HKSAR v Hii Siew Cheng [2007] 1 HKLRD 1 suggests 6 – 9 years for ketamine traffickers of 50 – 300 grammes. 

7.I take a starting point of 6 years and 6 months.  His only mitigating factor is his plea of guilty.  Upon a one-third discount, the sentence is 4 years and 4 months.

(E. Yip)
District Judge