HKSAR v. Louie Pang Fai, Louis

HCCC 410/2018

[2020] HKCFI 473

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 410 OF 2018

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

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COURT:

Defendant pleaded guilty to one count of trafficking in 321 grammes of ketamine on 31 December 2018 at Eastern Magistrates’ Courts. He was committed to this court for sentence.

At about 1.25 am on 8 March 2018, police officers intercepted the defendant outside Wing Hong House, Fuk Loi Estate, Tsuen Wan. The defendant was carrying a paper bag. Inside the paper bag, the police found two transparent resealable plastic bags containing the dangerous drug in the charge. Under caution, the defendant admitted that he was delivering the drugs to Ah Wai for a reward of $3,000.

The police estimated that the retail value of the ketamine in this case was about $250,000.

The defendant is 34 years old. He had 11 previous convictions, including possession of a dangerous drug and trafficking in a dangerous drug. He was sentenced to a total of 18 months’ imprisonment for trafficking in a dangerous drug in 2014. The defendant received education up to Form 3. He used to help out at his father’s newspaper street stall. He was unemployed at the time of the offence. He is married with no child. He lived with his aged parents. He was an addict at the time of the offence.

Ms Mohamed, counsel for the defendant, urged this court to grant some additional reduction given the background of this case. She points out that the defendant had good relationship with his family. He committed this offence out of greed for some quick money. None of the dangerous drug was for his own consumption.

The sentence for trafficking 321 grammes of ketamine, according to Secretary for Justice v Hii Siew Cheng, should be 9 years and 3 months’ imprisonment. Having considered the circumstances of this case, I take a starting point of 9 years and 3 months’ imprisonment. I deduct 3 years and 1 month for his plea. I give further reduction for 6 months for his co‑operation with the police. I sentence the defendant to 5 years and 8 months’ imprisonment.