HKSAR v. Yeung Wai Wai

HCCC 252/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 252 OF 2017

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

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

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

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

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

COURT:

The defendant pleaded guilty to one charge of trafficking in a dangerous drug, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134.

He was intercepted when he tried to enter a flat. Upon entry, a search resulted in the discovery of four plastic bags kept inside a carton box on a bed mattress in the sitting room. Under caution, he admitted that those were ‘K Chai’ which were stocks that he collected for his boss for a remuneration of HK$4,000. Packaging paraphernalia including resealable bags, an electronic scale, scissors were found.

In a later video-recorded interview, the defendant said that he would open the stock for packaging and deliver them in accordance with instructions. He had previously received a total of $4,300 from his boss.

The estimated value of the drugs seized as of January 2017 is around HK$1 million and upon analysis, the drugs were found to be 3,880 grammes of a solid containing 2,673 grammes of ketamine.

The defendant is now aged 24. He has one previous conviction of theft in 2007, to which he was placed on probation for 18 months.

By way of mitigation, I was told that before his arrest, the defendant was an assistant manager in a karaoke earning $12,000 per month. Counsel told this court that it is out of stupidity that the defendant committed the present offence. He is genuinely remorseful which is reflected in his plea at the earliest possible instance. He has indicated that he would pursue his studies during incarceration and will better equip himself to prepare for his release. Counsel urges me to adopt as low a starting point as possible.

In sentencing the defendant, I have taken into account the nature of the offence, the drugs involved, its quantity and the sentencing tariff. I have also taken into account his guilty plea and mitigation forwarded by counsel on his behalf. According to the guideline laid down in the case of Hii Siew Cheng, trafficking in over 1 kilogramme of ketamine, the starting point would be 14 years upwards and in Sin Chung Kin, the Court of Appeal had further supplemented Hii Siew Cheng to the extent that for trafficking in 2 kilogrammes and 3 kilogrammes of ketamine, the starting points should be no less than imprisonment for 18 and 20 years respectively. Further, in the case of Chow Yau Ching, the Court of Appeal approved of a 19-years-and-9-months starting point for 2,891.49 grammes of ketamine.

The present case involves 2,673 grammes of ketamine. I adopt a starting point of 19 years and 3 months. Taking into consideration his guilty plea, he is entitled to one-third discount and sentenced to 152 months.

That is 12 years and 8 months.