HKSAR v. Tang Yiu Wing

HCCC113/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 113 OF 2009

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Before:   Deputy High Court Judge Geiser

Date:    27 May 2009 at 10.43 am

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

Transcript of the audio recording
of the Sentence in the above case

COURT:  Defendant, you have pleaded guilty in the court below to a single charge of trafficking in 998.47 grammes of a powder containing 852.43 grammes of ketamine, and appear today before me for sentence. 

The summary of facts, which you have agreed to, quite simply disclose that in the afternoon of 17 November of last year you were stopped and searched, when the police discovered the ketamine in a plastic bag carried by yourself.  The estimated retail value of this quantity of ketamine is, I am told, $125,000 or thereabouts.  

You have a poor criminal record.  It has not escaped my notice that amongst your 12 previous convictions you have two prior drug convictions, one of which is for trafficking in dangerous drugs.  The only mitigation in this case is your plea of guilty to the charge, and I will give you full credit for that.  

The sentencing guidelines for trafficking in ketamine have recently been increased in the case of Secretary for Justice v Hii Siew Cheng & Anor [2008] HKCA 200.  For trafficking in quantities of between 600 to 1,000 grammes of ketamine, the guidelines indicate a sentence of between 12 to 14 years’ imprisonment. 

Accordingly, I adopt as my starting point a sentence of 13 years’ imprisonment.  I will give you the full discount of one-third to reflect your plea of guilty, arriving at a sentence of 8 years and 8 months’ imprisonment.