HKSAR v. Yeung Wai Lok

DCCC980/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 980 OF 2008

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Before:   Deputy District Judge Tallentire

Date:     23 March 2009 at 2.59 pm

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

Reasons for Sentence

1.You pleaded guilty to a single offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.

2.You admitted the brief facts and I convicted you.

3.The facts could not have been simpler, they are as follows.  At about 12.20 am on 21 September last a police officer saw you outside Hang Chui House, Cheung Hang Estate, Liu To Road, Tsing Yi, acting suspiciously.  On being intercepted and searched, two bags of suspected ketamine were found in your trousers pocket.  Under caution, you claimed that it was for your own consumption, having been purchased for $1,600.

4.Subsequent analysis revealed it to be 54.73 grammes of powder containing 44.52 grammes of ketamine.  Interviewed under caution you admitted having bought the drugs on 20 September at 11 pm in a park in Tsuen Wan.

5.You admitted to four previous convictions, none of which related to drugs. 

6.I called for, obtained and considered a probation officer’s background report prior to sentence.  In paragraph 3 of that report you appeared to contradict your plea of guilty.  However, Mr Lee, of counsel, having taken instructions assured me that you now withdrew that claim and admitted to trafficking in dangerous drugs.

7.Little could realistically be prayed in aid on your behalf for mitigation.  The only points being your plea of guilty and this was your first offence involving dangerous drugs.

8.I note that you are 24 years of age and in a stable relationship.

9.It is accepted the new tariff must and does indeed apply.  I was urged to be as lenient as I possibly could.  In this case the quantity of ketamine was 44.52 grammes.  Stand up, please.  I therefore took as a starting point 5 years’ imprisonment, reduced to 3 years and 4 months for your plea of guilty.