HKSAR v. Sae Tang Pairoj

DCCC323/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 323 OF 2009

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Reasons for Sentence

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1. Defendant you have pleaded guilty to two charges of trafficking in a dangerous drug contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

2. The 1st charge concerns the trafficking of a dangerous drug, ketamine, 12.95 grammes of powder containing 8.63 grammes of ketamine which were drugs found inside your jacket pocket whilst you were on the Ground Floor of Yiu Him House in Ma On Shan at about 7.15 pm on 19 December 2008.

3. You admitted under caution that you were taking the “K Chai” to Wo Che for sale in order to make a small profit.  Later that same evening, some half an hour later, at 7.45 pm the police took you back to your home in Yiu Him House. 

4. A search warrant was executed and a search was done inside your room.  Inside your room was found the drugs in the 2nd charge, that is ketamine in the amount of 107.49 grammes of powder containing 82.36 grammes of ketamine and inside your room were found numerous empty transparent resealable plastic bags, electronic scales, metal spoon, pair of scissor, ear-pick and a piece of paper all with traces containing ketamine.  There was also some glucose found therein. 

5. You admitted under caution that you would use this equipment or paraphernalia to package and use the glucose to mix with the ketamine in order to dilute the bitterness of ketamine. 

6. In mitigation today, Mr Liu has made full mitigation on your behalf.  I have taken into account all that he has had to say for you and, in essence, he has informed the court that this was your first time delivering drugs for which a person called, Ah Fung, had engaged you and was going to pay you $1000 for the delivery.

7. You are 31 years of age and have six previous convictions of which none are similar.  You have been incarcerated once in a training centre, otherwise all the others are fines or lighter sentences. 

8. Your last offence was some 10 years ago.  Mr Liu has informed me that you have tried to keep out of trouble which you have save that after your father’s death in 2005 you ran into some financial difficulties.  You had expended some considerable monies for his medical expenses as well as his funeral expenses and also you had recently got married this year in April 2009 and you also incurred, of course, expenses for your marriage.  Due to the financial pressure you began to take drugs yourself and also started to engage in trafficking as this would assist in your finances, relieving you of your financial pressure.

9.   I of course accept that you are very remorseful for what you have done.  This is clearly reflected in your plea of guilty from the very earliest outset. 

10. I am unable to exceed to an application to call for a Drug Addiction Treatment Centre report because that would not properly reflect the seriousness of the sentence of these two charges. 

11. As Mr Liu rightly recognises, the appropriate guideline case is that of Hii Siew Cheng, CAAR 7 of 2006 where the Court of Appeal laid down new tariffs for traffickers in ketamine.  The guidelines are that for between 1 and 10 grammes, it is 2 to 4 years’ imprisonment after trial and between 50 and 300 grammes, 6 to 9 years’ imprisonment after trial. 

12. Quite correctly, Mr Liu has also informed the court the total drugs in the two charges are that of 90.99 grammes of ketamine and that falls within the category of between 50 to 300 grammes guideline.

13. I shall take that total sum as a starting point to sentence you and then deal with you on each charge separately. 

14. I consider therefore in totality to take 90.99 grammes of drugs and I take a 6 year starting and give you full credit for your plea of guilty and reduce that to one of 4 years’ imprisonment.  That will be your total sentence but I will now sentence you individually for each charge.

15. On charge 1 you had 8.63 grammes of ketamine so for that charge I would have taken a starting point of 4 years’ imprisonment and reduce that to 2 years 8 months.  And for charge 2 I would have taken a starting point of 6 years’ imprisonment and reduced that to 4 years’ imprisonment.  Charges 1 and 2 shall run concurrent to each other making a total sentence of 4 years’ imprisonment to which you are so sentenced.