HKSAR v. Cheng Yip Shing

HCCC 485/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 485 OF 2016

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

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

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

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

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

COURT:

The defendant had pleaded guilty in the lower court to trafficking in a dangerous drug, namely 1,006.01 grammes of a solid containing 432.98 grammes of ketamine. He has been committed to this court for sentence.

The facts reveal that the defendant was intercepted in the evening of 18 July, coming out from Shing Him House, Room 703, in Tin Shui Wai. Upon a search of him by the police officers, from his trousers pocket was found a plastic bag containing five plastic bags containing a total of 2.91 grammes of a solid containing 1.24 grammes of ketamine. Upon arrest and caution, the defendant admitted he was delivering the ketamine to others. Then upon a search of the defendant’s home, Room 703, police officers further found 22 plastic bags containing a total of 1,003.1 grammes of a solid containing 431.74 grammes of ketamine, two electronic scales and 40 empty plastic bags. The defendant admitted that he was trafficking in the ketamine to repay his debts.

The retail value of all the ketamine found was about HK$240,000.

The defendant is aged 24 and has three previous convictions, one of which was for possession of dangerous drugs in 2011.

The defendant, according to Ms Ma, has worked in various jobs after he quit schooling in Form 4. He was lured into taking ‘Ice’ by a friend and normally spends about $3,000 a month on his drug taking. He moved to live with his girlfriend and apparently ran up a credit card debt of some $160,000. So he was desperate for money. He then succumbed to the temptation of trafficking because he was promised a reward of $1,000 a day. So out of greed and laziness, he then participated in this very evil job.

He is now remorseful and, according to Ms Ma, has been touched by the love of his mother who visits him regularly whilst he is in prison, that he now wants to study in prison. Well, I certainly hope so because otherwise, you will, as a young man of 24, I do not think he wants to spend the rest of his life in prison, coming in and out of prison. So the only way is for the defendant to study whilst he is in prison and learn a trade.

The sentencing guidelines have been laid down for ketamine in the case of Hii Siew Cheng [2008] 3 HKC 323 and the Court of Appeal has suggested that for trafficking in between 300 to 600 grammes of ketamine, a sentence of 9 to 12 years after trial would be reasonable.

In this case, the amount of ketamine is 432.98 grammes and the starting point sentence in view of the facts would be between 10 to 10½ years’ imprisonment.

I would adopt 10 years’ imprisonment as the starting point in view of the facts and background of the defendant and giving the defendant the full one-third off for his plea, he is therefore sentenced to 6 years and 8 months.