HKSAR v. Lee Kam Ching

DCCC155/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 155 OF 2009

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Before:   H H Judge Browne

Date:     20 March 2009 at 2.53 pm

Offence:  Trafficking in a dangerous drug (販運危險藥物)

Reasons for Sentence

1. The defendant has pleaded guilty to a charge of trafficking in 54.25 grammes of ketamine.

2.  On the evening of 16 December last year he was stopped on Portland Street, Yau Ma Tei, by officers.  He was searched and in his underwear they came across the drugs, the subject of the charge. 

3. The defendant has five previous court appearances but none of them are for drug-related matters, four of them are for matters of dishonesty.  The defendant is 44 years of age.  He is married and he and his wife have no children.  He was educated to Form 2 standard, and both his parents died 10 years ago.  Prior to his arrest, he was a casual worker in a market in Yau Ma Tei earning $8,000 per month out of which he contributed half to his wife.

4. As the defendant’s representative has quite rightly pointed out, the only mitigation in this case is really the guilty plea that shows the remorse shown by the defendant.

5. The appropriate starting point for trafficking in this quantity of ketamine is 6 years’ imprisonment.  The defendant will be given credit for his guilty plea, that will be reduced by one-third, so the sentence I impose on the defendant is one of 4 years’ imprisonment.