HKSAR v. Man Kam Keung, Tommy and Another

DCCC 2/2022

[2022] HKDC 1319

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 2 OF 2022

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REASONS FOR SENTENCE

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Background of the case

1.At around 9:45 pm on 7 May 2021, police officers patrolling in a police vehicle noticed the 1^st defendant (“D1”)  standing next to a private vehicle (“the Car”)  outside ground floor, Wah Yu House, Wah Fu (I)  Estate, Aberdeen.

2.Upon seeing the police, D1 fled towards Wah Fu Estate while the Car immediately accelerated.  A police chased after D1 and the police vehicle pursued the Car.

3.During the chase, D1 threw 4 transparent resealable plastic bags containing a total of 0.57 gramme of a solid containing 0.51 gramme of cocaine (“Exhibit 1”)  wrapped in a piece of tissue paper.  D1 was finally intercepted and then arrested for “possession of a dangerous drug”.  Under caution, D1 admitted he had a habit of consuming cocaine.  He paid $1,000 to the Car’s driver, who passed him Exhibit 1.

4.During the police vehicle pursuing the Car, 3 small bags were thrown out of the Car’s left window.  The Car was finally come to a halt and the 2^nd defendant (“D2”)  was found to be seated at the front passenger seat of the Car.  The 3 small bags were located and they were:-

(i)  1 transparent resealable plastic bag containing 28 transparent resealable plastic bags containing a total of 4.00 grammes of a solid containing 3.29 grammes of cocaine (“Exhibit 2”);

(ii)  1 transparent resealable plastic bag containing 17 transparent resealable plastic bags containing a total of 2.4 grammes of a powder containing 2.15 grammes of cocaine (“Exhibit 3”); and

(iii)  1 transparent resealable plastic bag containing 14 transparent resealable plastic bags containing a total of 3.84 grammes of a powder containing 3.07 grammes of ketamine (“Exhibit 4”).

5.D2 was arrested for the offence of “trafficking in dangerous drugs”.  Under caution, he admitted that he had thrown Exhibits 2 to 4 out of the Car.  He had HK$15,316 cash with him at the material time.

6.D1 is charged for 1 count of possession of a dangerous drug contrary to section 8(1)(a)  and (2)  of the Dangerous Drugs Ordinance.  He pleads guilty to the charge and admits the summary of facts.  He is convicted.

7.D2 is charged for 1 count of trafficking in dangerous drugs contrary to section 4(1)(a)  and (3)  of the Dangerous Drugs Ordinance.  He pleads guilty to the charge and admits the summary of facts.  He is convicted.

Mitigation of D2

8.D2 was 16 years old at the time of the offence.  However, trafficking in dangerous drugs is a serious offence and in the present case, the total quantity of cocaine and ketamine involved is not negligible.

9.D2 is now 17 years old.  He is now residing with his parents.  In 2010, his father was diagnosed with cancer and ceased working.  D2’s family is now relying on public assistance.

10.D2 has a clear record.  He was once a good student but his life got off track in 2019 and 2020.  His performance in school was poor and upon finished Form 4, he ceased his studies.  Obviously, he was under the influence of his peer and committed the present offence.

11.Counsel for D2 submitted that D2 was not the master mind.  I agree. However, D2 committed a very serious offence.  According to the sentencing tariff, the sentence for trafficking of cocaine up to 10 grammes should be 2 to 5 years’ imprisonment and the sentence of trafficking in ketamine between 1 gramme to 10 grammes should be 2 to 4 years’ imprisonment.  Taking a combined approach, the starting point of the present charge against D2 could be as high as 50 months’ imprisonment.

12.Imprisonment of young offender is a sentencing measure of last resort.  D2 is now 17 years old and was only 16 years and 1 month old at the time of offence.  His parents and school teacher also wrote mitigation letters begging for a lenient sentence.

13.In view of the nature of the offence, I decide to call for a Training Centre Suitability Report before sentence.  The report indicates that D2’s motivation to change his aimless life pattern was still weak at the present stage and was suitable for detention in a Training Centre.

Sentence of D2

14.Having considered all the circumstance and in view of D2’s young age, clear record, family support and the recommendation of the report, D2 is sentenced to Training Centre for charge 2.