HKSAR v. Lau Yau Wai

DCCC 712/2017

[2018] HKDC 179

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 712 OF 2017

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REASONS FOR SENTENCE

1.Lau Yau Wai you have pleaded guilty to one charge of trafficking in 40.49 grammes of a powder containing 25.66 grammes of ketamine, contrary to section 4 of the Dangerous Drugs Ordinance[1].

2.In summary at around 4:55 p.m. on 27 April 2017 police officers saw you acting suspiciously together with another male called Wong outside 557 Shanghai Street in Mongkok.  The police intercepted you and found in the front left pocket of your jacket one plastic bag containing ketamine. 

3.After boarding the police vehicle, you told the police officers you had more drugs. You then took out from your left sock one transparent plastic bag inside which were three smaller bags containing ketamine and from the waistband of your jeans one transparent plastic bag inside which were fourteen smaller bags containing ketamine. 

4.The police also found on you $16,393.50 and one mobile phone.

Mitigation

5.In passing sentence, I have carefully considered everything said on your behalf by Mr Wong, together with your mitigation letter in which you promise not to reoffend. 

6.I take into account that you are only 23, 22 at the time of the offence and that you have no previous convictions for drug offences.  You were however sentenced to the DATC in June 2016. 

7.You were released from DATC in December 2016 and committed the present offence in April 2017.  Mr Wong explains that after release from the DATC you worked on a construction site.  Unfortunately, you had an accident at work and was unable to continue working.  Due to financial difficulties you committed the present offence of trafficking in drugs.

8.Under caution you told the police the drugs were for your own consumption.  Mr Wong informs the court that was not true and confirms that all the drugs were for trafficking. 

Sentence

9.In Secretary for Justice v Hii Siew Cheng[2] 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. 

10.I agree with Mr Wong that on a purely mathematical approach a starting point of about 4 years and 9 months would be appropriate for trafficking in 25.66 grammes of ketamine. 

11.Taking into account your relatively young age and that you have no previous convictions for trafficking in drugs, I am satisfied a starting point of 4 years and 6 months’ imprisonment is appropriate. 

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