HKSAR v. Yung Zhi Chiu

HCCC 487/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 487 OF 2015

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT:

The defendant has pleaded guilty to one count of trafficking in dangerous drugs. The subject dangerous drug is 203 grammes of a mixture containing 173 grammes of ketamine.

On 20 March 2015, the defendant was stopped by police officers in Wong Tai Sin, in the vicinity of Plaza Hollywood. A search was conducted on the defendant and a plastic bag was found inside a paper bag the defendant was carrying. Inside the plastic bag was the subject ketamine. Under caution, the defendant admitted that he was delivering the drug to others to earn $500.

The estimated retail value of the ketamine involved was HK$23,954.

The defendant is 28 years old. He received education up to Form 4 level. He has seven previous convictions, none of which relates to drug offences. According to Ms Chow, counsel for the defendant, the defendant was previously employed as a transportation worker but he lost his job in 2015. Someone learnt about his poor financial situation and offered to him to help delivering drugs for money. Ms Chow acknowledged that the main consideration for sentence is the quantity of drugs involved and she urged this court to give the defendant a lenient sentence within the tariff laid down by the authorities.

Trafficking in dangerous drugs is a very serious offence and the Court of Appeal has laid down sentencing guidelines in respect of trafficking in different kinds of drugs. In the case Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1, for trafficking in a quantity of 50 to 300 grammes of ketamine, the starting point for sentence should be a term of 6 to 9 years’ imprisonment.

The very purpose of imposing a heavy sentence for this kind of offences is for deterrence. Personal circumstances like financial crisis or the defendant being a first offender are not valid mitigating factors.

In the present case, apart from the defendant’s plea of guilty, there is indeed no other mitigating factor. For the quantity of ketamine involved in this case, the appropriate starting point for sentence should be a term of 7½ years’ imprisonment.

The defendant has indicated his plea of guilty before the PTR date and at the time of fixing the PTR and trial dates, the new guideline laid down by the Court of Appeal in HKSAR v Ngo Van Nam, CACC 418/2014, has yet to come into effect. In the circumstances, the full one-third discount should be given for the defendant’s plea of guilty.

The sentence is therefore reduced to 5 years’ imprisonment.