HKSAR v. Leung Kwan Yin
Read the full judgment text of DCCC 267/2017 on BabelCite. This District Court judgment.
1. The Defendant pleads guilty to trafficking in a dangerous drug.
Cites 2 cases
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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 ---------------------------- 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.
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