HKSAR v. Pak In-sook, Perlly

DCCC454/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 454 OF 2009

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Reasons for Sentence

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1. The Defendant pleads guilty to one count of trafficking in dangerous drug.  At around 12.20 am on 20 March 2009, a police officer spotted the Defendant walking in a quick pace in Kwun Tong, Kowloon.  The Defendant put her left hand inside the left pocket of her jeans and looked around and acted furtively.  The police officer then intercepted the Defendant and requested her to take out the item inside the left pocket of her jeans, which revealed to be a cigarette box.  By that time, the Defendant said, “Ah sir, it’s a cigarette.”

2. Upon search, the police officer found 10 transparent resealable plastic bags containing suspected dangerous drug inside the cigarette box.  The police officer then arrested the Defendant and administered a caution to her.  Under caution, the Defendant pleaded for a chance and said she was only responsible for delivery.

3. During a subsequent video-recorded interview, the Defendant admitted that she was asked to deliver the suspected dangerous drug from Sham Shui Po to Kwun Tong for a reward of $200.  The suspected dangerous drug was examined by the government chemist who certified that it contained 26.44 grammes of a powder containing 19.40 grammes of ketamine. 

4. The Defendant is aged 41.  She has 38 previous convictions with 2 related to drug trafficking and 13 others related to dangerous-drug offences.  According to the Defendant’s solicitors, the Defendant is now suffering from heart disease and spinal cord injury. 

5. Trafficking in dangerous drug is a very serious offence, especially nowadays there is a widespread drug abuse by youngsters in relation to ketamine.  According to the sentencing guideline as stated in the case of Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1, trafficking in ketamine involving 10 to 50 grammes, the sentence would be one of 4 to 6 years’ imprisonment.

6. Since 19.40 grammes of ketamine was involved in the present case, I adopt a starting point of 4 and a half years’ imprisonment.  Giving the Defendant one-third discount for her plea of guilty, the sentence is reduced to one of 3 years’ imprisonment.

7. I do not find that there is any other valid mitigating factor, and this is the sentence that I impose in the present case.