HKSAR v. Ng Ka Kin

DCCC 280/2019

[2019] HKDC 1278

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 280 OF 2019

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REASONS FOR SENTENCE

1.The defendant pleaded guilty to a charge of "Trafficking in dangerous drugs". The dangerous drugs involved are ketamine and a negligible quantity of methamphetamine.

Summary of Facts

2.About 8:45 p.m. on 8 January 2019, a team of police officers stopped the defendant outside Block 5, Kwai Shing West Estate for enquiry.  Upon search, nothing suspicious was found on him.

3.Pursuant to a search warrant, the defendant's home situated at 6^th Floor, Block 5, Kwai Shing West Estate was searched in his presence.  A box bearing the word "Samsung" ("the Box") was found on a shelf near the defendant's bed.  The Box contained the following items :-

(i) 1 transparent resealable plastic bag bearing the word "SIMPLYLIVING" which contained 72.2 grammes of a powder containing 61.5 grammes of ketamine;

(ii) 1 transparent plastic bag containing 6 transparent resealable plastic bags which contained a total of 5.09 grammes of a powder containing 2.48 grammes of ketamine and 0.58 gramme of methamphetamine;

(iii) 1 electronic scale;

(iv) 1 spoon; and

(v) 1 bunch of transparent resealable plastic bags.

4.Under caution, the defendant admitted that the substance found was ketamine.  He claimed to be the owner of the dangerous drugs and that his family members had nothing to do with those items.

5.In his video recorded interview, the defendant claimed that he met a male named "Ah Fung" at an amusement games centre in Sham Shui Po on 7 January 2019.  Ah Fung asked him if he was interested in making some quick money.  They agreed to meet at the same location on the following day.  On 8 January 2019, the defendant went to the games centre and Ah Fung gave him the Box.  He took the Box home and intended to sell the ketamine at $500 per packet.

Mitigation & Sentence

6.The defendant is 22 and single.  He has 1 conviction in "trafficking" dated 2011[1] and 1 conviction in "simple possession" dated 2016[2].  He was given a Rehabilitation Centre Order and a Drug Addiction Treatment Centre Order respectively.  Defence counsel Mr. Szeto informed me that the defendant was a kitchen worker prior to his arrest and resided with his mother and sister at the flat where the drugs were found.  Mr. Szeto also confirmed that the defendant makes no claim for self-consumption in relation to the drugs found at his home.

7.Drug abuse has always been a problem in our society, and the HKSAR is determined to fight the battle against drugs in all aspects.  A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment, so that there is a deterrent effect.

8.The quantity of methamphetamine involved in this case is so negligible that I am prepared to disregard it for the purpose of sentencing.  I will sentence the defendant based on the quantity of ketamine only.

9.The Court of Appeal has laid down clear sentencing guidelines for trafficking in ketamine (see  SJ v HII Siew Cheng [2009] 1 HKLRD 1).  For 50 to 300 grammes, the sentence ranges from 6 to 9 years' imprisonment.  The defendant trafficked in a total of 63.98 grammes, applying a strict arithmetical approach, the appropriate starting point is 6 years and 2 months.

I am aware of his age, but the defendant is no stranger to drug-related offences. I have no reason to adopt a starting point lower than 74 months.

10.I adopt a starting point of 75 months' imprisonment.  With the timely guilty plea, the sentence is reduced to 50 months.   Apart from this, I see no other mitigating factors which warrant any further reduction.  I sentence the defendant to 50 months' imprisonment.