Read the full judgment text of DCCC 000122/2009 on BabelCite. This District Court judgment was delivered on 18 June 2009 before Deputy District Judge Dufton.
Criminal law – trafficking in dangerous drugs – ketamine and ecstasy – sentencing guidelines – Dangerous Drugs Ordinance (Cap 134) s.4 – starting point after trial – whether 'social trafficking' is less serious – credit for admitting possession – breach of probation orders – Probation of Offenders Ordinance (Cap 298) s.6(6) – totality principle – consecutive and concurrent sentences. The defendant, aged 21, was convicted after trial of trafficking in 26.77g of powder containing 19.62g of ketamine, 20 nimetazepam tablets (0.09g), and 15 tablets of ecstasy and ketamine (1.69g and 0.05g), with HK$31,900 found on him. Applying the Court of Appeal's guideline in Secretary for Justice v HII Siew-cheng [2008] 3 HKC 325, the combined narcotic content of 21.36g of ketamine and ecstasy fell within the 10–50g bracket, placing the offence towards the lower end of the 4–6 year post-trial range, with a starting point of 4 years and 6 months. The court rejected the submission that the defendant was engaged in 'social trafficking' by sharing drugs with his girlfriend, following HII Siew-cheng at paragraphs 98–99, because the quantity was substantial and the social-trafficking profile was not made out. No discount was given for admitting possession, as the defendant had contested the trafficking charge at trial. The defendant was also in breach of two earlier probation orders (KCCC 5071/2008 and KCCC 6613/2008) for possession of dangerous drugs; the court discharged them under s.6(6) of the Probation of Offenders Ordinance (Cap 298) and re-sentenced him to 3 months on each, consecutive to each other (one having been committed on bail for the other) but concurrent with the principal sentence to reflect totality. Total sentence: 4 years and 6 months imprisonment.
Legal issues: Application of sentencing guidelines for ketamine and ecstasy trafficking · Whether social trafficking is less serious · Credit for admitting possession · Breach of probation orders — consecutive or concurrent
Outcome: Defendant sentenced to 4 years and 6 months imprisonment for trafficking in a dangerous drug. Two prior probation orders (KCCC 5071/2008 and KCCC 6613/2008) discharged; defendant re-sentenced to 3 months imprisonment on each, the two made consecutive to each other but concurrent with the principal sentence.