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HCCC255/2008
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 255 OF 2008
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Before: Hon Beeson J
Date: 14 January 2009 at 10.11 am
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Present:
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Mr Simon Tam, SADPP (Ag.), of the Department of Justice, for HKSAR
Mr Cheung Kin-bor Michael, instructed by Ellen Au & Co., assigned by the Director of Legal Aid, for the Accused
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Offence: Trafficking in a dangerous drug, etc. (販運危險藥物等罪項)
Transcript of the Audio Recording
of the Sentence in the above case
COURT: This defendant pleaded guilty at committal on 31 October 2008 to two charges, one of trafficking in a dangerous drug and one of possession of a dangerous drug, the dangerous drug being ketamine.
The quantity of ketamine in respect of Charge 1 was 941.66 grammes of a powder containing 741.25 grammes of ketamine. The quantity involved in the 2nd count was 0.04 grammes of a powder containing ketamine.
The facts, which were admitted at committal, were read to the defendant today and confirmed by him, as were his pleas. The facts show that the defendant and two other men instructed a taxi driver to drop them outside the China Light & Power, Wan Hon Street Substation. The defendant alighted from the taxi holding a red and white paper bag in his right hand. He stayed by the side of the taxi, looking around and acting suspiciously.
All three men were intercepted by Customs & Excise officers. Two of them asked to conduct a personal search on the defendant. The defendant threw away the paper bag he was holding and tried to escape. The bag was retrieved and found to contain suspected dangerous drugs.
Under caution, the defendant admitted that there was ketamine inside the paper bag. He said he had bought it from a man called Ah Hung at the APM Shopping Mall earlier, for HK$30,000, intending to repack the ketamine in smaller packets for delivery later on.
Two keys were found on the defendant in addition to his home keys. These opened the door of Room 7A, 1st Floor, Kin Tai House. The Customs & Excise officers gained access to the flat and searched it. The quantity of powder referred to in the 2nd charge was found there. In addition, simple packing paraphernalia, plastic bags, blenders, an electronic scale and desiccants were found.
When shown the drug and the drug packaging paraphernalia, the defendant claimed that the flat tenancy belonged to him and that one of the other men had rented it for him at $3,900 a month. The defendant also claimed ownership of the packing paraphernalia in the flat. His fingerprint was found on an electronic scale and three desiccants.
A check confirmed that the flat had been rented in the name of one of the other men about two months before the arrest. The flat was unfurnished. There was only a plastic box and a mattress where the drug and paraphernalia were found.
The retail value of the drug found was $121,479 as at April 2008.
The 1st defendant was born in Fujian. He is now aged 23. He came to Hong Kong at the age of 13. He was living with his parents. He has an elder brother and a sister. His counsel advised that the defendant was in debt to the tune of forty or fifty thousand Hong Kong dollars as a result of soccer gambling.
The defendant has two previous convictions for burglary. They were committed in 2004 and he was sentenced to a total of 36 months in prison.
Counsel advised that the defendant was remorseful and prayed in aid his plea of guilty which can be regarded as an early plea and which entitles him to a full one-third discount. This case was committed before the new tariff guidelines for ketamine and Ecstasy were promulgated on 6 June 2008. The sentencing band in Lee Tak Kwan is therefore still applicable. The only mitigating factor in this case, of course, is the accused’s plea of guilty. The tariff band is 4 years to 8 years for 400 to 800 grammes of narcotic.
In respect of Charge 1, I take a starting point of 90 months, give him the full one-third discount and sentence him to 60 months, or 5 years’ imprisonment. In respect of the 2nd count, the possession charge, I take a 6-weeks’ starting point, sentence him to 4 weeks’ imprisonment and order that they be served concurrently with Charge 1.
The total sentence is 5 years’ imprisonment.
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