HKSAR v. Wong Yuen Pang

DCCC222/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 222 OF 2009

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Before:   Deputy District Judge W C Li

Date:     7 April 2009 at 10.19 am

Offence:  Trafficking in a Dangerous Drug (販運危險藥物)

Reasons for Sentence

1. It is a very sad thing to see a young man with clear record involved in trafficking in dangerous drugs.  It gives me no pleasure at all to sentence you.

2. Your background and your clear record carries little weight when it comes to sentencing in a trafficking dangerous drug case.  A deterrent sentence is always called for in this type of offence, and the interest of the public comes first and foremost. 

3. A new tariff came into effect on 6 June last year pursuant to the case of HKSAR v Hii Siew Cheng CAAR7/2006.  For 10 to 50 grammes, the tariff is 4 to 6 years’ imprisonment and here defendant is involved with 45.48 grammes of ketamine.  I take a starter of 5½ years.

4. The only mitigation here I could see is defendant’s plea of guilty, and for that defendant would be given the full discount of one-third, so the starter is 66 months. 

5. With one-third off, I therefore sentence defendant to 44 months' imprisonment.