HKSAR v. Kun Tsz Hin, Ronald

DCCC 1030/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1030 OF 2016

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REASONS FOR SENTENCE

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1.Kun Tsz Hin, Ronald you have pleaded guilty to one charge of trafficking in 92.30 grammes of a solid containing 23.06 grammes of ketamine, contrary to section 4 of the Dangerous Drugs Ordinance[1].

2.In summary at about 4:30 p.m. on 9 August last year you were intercepted by the police outside Shop 57, LG1, Festival Walk in Kowloon Tong. 

3.Upon search the police found inside the left front pocket of your trousers five transparent re-sealable plastic bags containing a total of 3.12 grammes of ketamine. A further forty re-sealable plastic bags containing a total of 19.94 grammes of ketamine were found in your rucksack.  The police also found two mobile phones and HK$3,703.20.

4.Under caution and in a subsequent video recorded interview you admitted you were delivering the drugs for a reward of $500-$1,000. 

Mitigation

5.In passing sentence, I have carefully considered everything said on your behalf by Mr Chan[2] together with your mitigation letter and the letters written by your parents, auntie and a social worker with the Hong Kong Christian Service.   

6.I take into account that you have no previous convictions; you are only 22, 21 at the time of the offence; and when you were a young boy you did some voluntary work in 2007, 2008 and 2012[3].

Sentence

7.In Secretary for Justice v Hii Siew Cheng[4]the Court of Appeal laid down guidelines for trafficking in ketamine.  Where the narcotic content is between 10 and 50 grammes sentence after trial falls within the range of 4-6 years imprisonment. 

8.On a purely mathematical approach a starting point of about 4 years and 8 months would be appropriate for trafficking in 23.06 grammes of ketamine. 

9.Taking into account your relatively young age; clear record and that you did some voluntary work over five years ago, I am satisfied a starting point of 4 years and 6 months imprisonment is appropriate. 

10.Giving you full credit for your plea of guilty you are convicted and sentenced to 3 years imprisonment.