HKSAR v. Leung Kwan Yin

DCCC 267/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 267 OF 2017

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Reasons for Sentence

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1.The Defendant pleads guilty to trafficking in a dangerous drug.

2.In the early morning on 15/12/2016, the police raided a bar in Tsim Sha Tsui with a search warrant.  The Defendant was sitting on a sofa with ketamine in 10 packets (ie 20.50 g of a solid containing 14.13 g of ketamine and 0.05 g of a powder containing ketamine) in his jeans pocket.  He also had 11 or 12 re-sealable plastic bags.  After arrest and caution, he said he was selling drugs for a living.  Later in the day, in a cautioned video-recorded interview, he said the ketamine was for his own consumption and he would sell it to the others upon request.    

3.The estimated street value of the ketamine was $6,494.  

4.He is 24 years of age, of F. 3 education level.  He had a record for simple possession but none for trafficking of drugs.  He was unemployed at the time of arrest. 

5.Mr. Lee in mitigation submits that the Defendant intended to consume a small portion of the ketamine by himself. 

6.As set out in HKSAR v Hii Siew Cheng [2007] 1 HKLRD 1, traffickers of 10 – 50 g of ketamine shall face 4 – 6 years’ imprisonment. 

7.In HKSAR v Chow Chun Sang [2012] 2 HKLRD 1121, the Court of Appeal suggests a discount of between 10 – 25% from the basic starting point, to such extent as warranted by the circumstances of the case, where all or part of the drugs seized were for own consumption. 

8.I take a basic starting point of 50 months.  His possession of such bulk of ketamine and empty re-sealable plastic bags indicate strongly a case of trafficking to others in the bar.  It is possible that he intended part of the ketamine for own consumption but I do not find it significant.  I reduce his basic starting point by 5 months (ie 10%) to reflect this insignificant portion for own consumption.  From the basic starting point of 45 months, I give him a one-third discount for the timely plea of guilty.  The sentence is 30 months.