HKSAR v. Yeung Man Kit

DCCC 1002/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1002 OF 2016

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Reasons for Sentence

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

2.The drug concerned is 6.6 grammes of cocaine and 1.6 grammes of ketamine.

3.The facts agreed by the defendant show this occurred as the result of an anti-narcotics - basically a stop and search - operation.  The defendant was seen at an estate in Sham Shui Po.  He was searched.  Drugs were found on him, as well as cash of $24,825 and a mobile phone. A further search was made of the location where the defendant was sitting, and drugs were found attached to the bench by a small magnet fitted on what were candy boxes.

4.When all the drugs are added together, it is the quantity set out in the particulars of charge.  The street value of the cocaine was $13,415.40, and the ketamine, $895.18.

5.The defendant made a record of interview.  He said he was working for somebody called “Ah Ho”, who had given him four candy boxes of dangerous drugs for sale.  He had said what the reward was, which was $500 to $600, for selling the drugs.

6.The defendant admits he was in possession of these dangerous drugs, which are cocaine and ketamine, for the purpose of unlawful trafficking.  Those are the simple facts of which the defendant has been convicted.

7.The defendant is only 18 years old, and he has no previous convictions.  Because of his young age and his clear record, I had a background report prepared on the defendant.  Of course, for a person so young, his early background is quite important.  It appears this:  that he only entered into Hong Kong in 2006.  He is described as having had inadequate parental supervision and limited familial communication.  He had managed to obtain some stable employment, I am told, from September 2014 to March 2016, but as of late, he is described as having a close triad affiliation, involved in triad activities, including trafficking of illicit drugs for easy money, after he became unemployed in April 2016.

8.As far as the sentencing of a person of this age is concerned, he is an adult, and he appears to have involved himself in criminal activities since April of 2016, and appears to have a deep involvement in the drug trade in that short period of time; something his family was not aware of.

9.It would appear that a sentence of imprisonment is the most sensible option for this defendant.  But one, of course, in deciding the length of that sentence of imprisonment, must take into account his young age.  As far as the sentence is concerned, the general sentencing of offences of trafficking in dangerous drugs is governed by a guideline sentence.

10.Here, we are dealing with two different drugs: 6.6 grammes of cocaine, and 1.6 grammes of ketamine.  Clearly, the predominant drug being sold in this situation, or being trafficked in this situation, is the cocaine.

11.Where there is a combination of drugs, of late, different approaches have been taken, but overall, the consideration of the court is to strike a sentence that is reasonable, having regard to the nature of the drugs and their quantity.

12.In this case, both the drugs are what we call serious hard drugs.  Cocaine is treated for sentencing in the same way as heroin.  A reference to the case of Lau Tak Ming is appropriate.  This would fall within the category of up to 10 grammes of the drug, which places the starting point for sentence within the range of 2 to 5 years’ imprisonment.  The other, ketamine, is also a serious hard drug, and sentencing is on a slightly higher level than cocaine, but the quantity here is a correspondingly smaller quantity, of 1.6 grammes.  A combination of these two drugs would lead to a quantity of 8.2 grammes of narcotic, which, if it was treated as the guideline for cocaine, would put it towards the upper range of the guideline, but still below the maximum.

13.Having regard to the nature of the drugs, I will take what is described as a combined approach.  I consider the operative drug to consider when sentencing is that of cocaine.  Although the presence of the ketamine aggravates that, it is somewhat balanced by the fact that the defendant is of very young age to be involved in this kind of offending.

14.Taking all these factors into consideration, I will take a starting point of sentence for this defendant of 45 months’ imprisonment.

15.The defendant has indicated a plea of guilty from an early stage.  He is entitled to a full one-third discount from that sentence, which leads to a final sentence of 30 months’ imprisonment, and that is the sentence I will impose.