HKSAR v. Cheung Ka Chun

DCCC 319/2018

[2018] HKDC 1017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 319 OF 2018

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REASONS FOR SENTENCE

1.The defendant pleads guilty to one charge of trafficking in 13.59 grammes of a powder containing 11.19 grammes of ketamine, contrary to section 4 of the Dangerous Drugs Ordinance[1].

2.In summary at around 6:31 p.m. on 2 February this year the police saw private car MD 2065 outside Exit A of the Che Kung Temple MTR Station.   The defendant was sitting in the driver’s seat and a friend of the defendant was sitting in the front passenger seat.  The police found in the right front pocket of the defendant’s jacket two plastic bags inside which was a total of twenty plastic bags containing the ketamine. 

3.Under caution and in a subsequent video recorded interview the defendant said he was helping someone deliver the ketamine in return for a reward of $500.

4.The police also found on the defendant $1,960; a mobile phone; two credit cards and two Octopus cards.

Mitigation

5.In passing sentence, I have carefully considered everything said on behalf of the defendant by Mr Leung, including that the defendant acted out of momentary greed and that this is an isolated offence for which the defendant is now remorseful. 

6.I take into account that the defendant is only 23 and that he has no previous convictions for trafficking in drugs.  The defendant was however convicted of possession of drugs in 2009 when he was sentenced to probation. 

Sentence

7.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. 

8.On a purely mathematical approach a starting point of just over 4 years would be appropriate for trafficking in 11.19 grammes of ketamine.  Taking into account the relatively young age of the defendant and that he has no previous convictions for trafficking in drugs, I am satisfied a starting point of 4 years’ imprisonment is appropriate. 

9.Giving the defendant full credit for his plea of guilty the defendant is convicted and sentenced to 2 years and 8 months’ imprisonment.