HKSAR v. Gurung Rayan

HCCC 269/2019

[2019] HKCFI 2841

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 269 OF 2019

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:

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

The defendant was stopped and searched by police officers and found to be in possession of 22 packets of plastic bags containing drugs. Upon analysis, the drugs were found to be 13.52 grammes of a powder containing 9.7 grammes of ketamine and 39.31 grammes of a crystalline solid containing 39.01 grammes of methamphetamine hydrochloride.

The defendant admitted under caution the drugs found were ‘Ice’ and claimed that they were for self-consumption. He now admits the drugs were in his possession for the purpose of trafficking.

By way of mitigation, I was told that the defendant is aged 19. He has worked as a hairdresser earning about $12,000 and he enjoyed that job very much and he promised to learn more skills whilst in remand to make good use of that upon his release. It is advanced on his behalf that he committed the present offence probably because of peer influence and he has deeply reflected upon himself and he assured that he would not continue with any unruly lifestyle upon his release. Counsel urged me to take account of the fact of his young age and exercise leniency for him to turn over a new leaf.

By committing the present offence, he is in breach of a binding-over order imposed on him in July 2018.

In sentencing the defendant, I have taken into account the nature of the offence, the different kinds of drugs involved and the sentencing authority and tariffs. I have also taken into account his guilty plea and mitigation advanced by counsel and those contained in the defendant’s father’s handwritten letter.

There are two types of drugs involved in this case. Firstly, is the 9.7 grammes of ketamine which falls within a 1 to 10 grammes, 2 to 4 years bracket; and, secondly, 39.01 grammes of ‘Ice’ which fall within the 10 to 70 grammes, that is 7 to 10 years bracket. I have then applied the various tests in the case stipulated in the case of Chan Yuk Leong to counter-check.

Firstly, the absurdity test. That is assuming the entire quantity of drugs, that is 48.71 grammes, are all ‘Ice’. That would be within the 10 to 70 grammes, 7 to 11 years bracket. The starting point should be around 9 years and 6 months.

Secondly, the conversion test. The 9.7 grammes of ketamine attracts about 4 years starting point, so converted into about 6 grammes of ‘Ice’. Added to the original 39.01 grammes, results in 45.1 grammes of ‘Ice’. The starting point would be around 9 years and 4 months.

The ratio test. Given the total weight of narcotics to be 48.71 grammes, the ketamine is around 20 per cent with the ‘Ice’ around 80 per cent. Applying the respective ratio to the respective starting point of two types of drugs and added together results in about 8.8 years starting point.

I take the median of those test results, adopt 9 years and 3 months as the starting point, and given the one-third discount, the sentence is 6 years and 2 months.

I make no order as to the breach of the binding-over.