HKSAR v. Chong Shuk Fun

DCCC1246/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1246 OF 2008

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Reasons for Sentence

1.You pleaded guilty to a charge of trafficking in dangerous drugs, namely, 67.98 grammes of a powder containing 56.83 grammes of ketamine.

2.The prosecution case was that on 11 October 2008, PW1 found you acting furtively, stopped you for a search, and found the dangerous drugs in the present case were fastened on your right shrank, and you were arrested.  Under caution, you said that you carried these drugs for someone else.

3.You have four convictions.  Last conviction was trafficking in dangerous drugs, of which you were sentenced to 2 years’ imprisonment. 

4.In mitigation, I was told that the defendant is now remorseful and determined to turn a new life, and this is also what you said in your letter.  From the content of your letter, I know that you come from a broken family.  You also have a sister, and she is now pregnant and therefore cannot come to court.  She also has written a letter on your behalf.  I do not know how close you are to your sister but suffice to say that in the content, she admitted that she has not visited you during the period of remand.  Her excuse was to give you time to think it over of your own wrongdoings.

5.On the face of it, the defendant has very little family support.  The defendant’s letter also told me that she comes from a broken family.  She was brought up in a very complex environment.  In her words, she says she does not have a happy family and “nowhere to call home.”  She has a part-time job with a minimum salary.  As her counsel in mitigation pointed out, there was very little to say on herself in mitigation, and obviously, unhappy life can never be a reason to commit the present offence.

6.Further, the past sentence in trafficking serves no deterrent effect on you.  The case of Hii Siew Cheng CAAR 7/2006 has already laid down the guideline in this type of offences which involve trafficking of ketamine.  The quantity of the drugs involved falls into the higher end of 10-to-50-grammes category, which should attract a sentence of 4 to 6 years.  

7.When I pass sentence, I have taken into account of the fact that you have pleaded guilty and all the mitigating factors put before me, including the two letters and also the quantity of the drugs involved.  I therefore adopt a starting point of 6 years, reduced to 4 years to reflect your guilty plea.