HKSAR v. Wong Kwan

DCCC 402/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 402 OF 2009

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Coram: Deputy District Judge Dufton in Court

Date of Sentence: 17 July 2009

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

REASONS FOR SENTENCE

1.The defendant pleads guilty to one charge of trafficking in 99.78 grammes of a powder containing 74.71 grammes of ketamine, contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134. 

2.In summary at about 16.42 hours on the 7th March this year the police intercepted the defendant who was holding a bag and looking round in a furtive and nervous manner, while sitting outside a shop at the Commercial Podium on Argyle Street.  Upon search of the bag the police found a transparent plastic bag which contained four re-sealable plastic bags, inside which was most of the ketamine.  A further bag of ketamine was found in the left front pocket of the defendant’s shirt.  The defendant was also found in possession of HK$28,110. 

3.The Court of Appeal in the Secretary for Justice v HII Siew-cheng [2008] 3 HKC 325 laid down guidelines for trafficking in ketamine.  Where the narcotic content is between 50 and 300 grammes sentence after trial falls within the range of 6-9 years imprisonment.   74.71 grammes of ketamine place this at the lower end of that range.

4.The defendant is a young offender just turned 20, 19 at the time of the offence.  Section 109A of the Criminal Procedure Ordinance, Chapter 221 provides no court shall sentence a person of or over 16 and under 21 years of age to imprisonment unless the court is of the opinion that no other method of dealing with such person is appropriate.  This provision however does not apply to an excepted offence.  As the defendant is now serving a sentence of 8 months imprisonment I see no useful purpose in calling for any reports. 

5.In passing sentence I have carefully considered everything said on the defendant’s behalf by Miss Tam together with the letter written by the defendant.  I note when arrested the defendant said the drugs were for his own consumption.  Today I am told none of the drugs were for the defendant’s own consumption. 

6.Taking all these matters into account I am satisfied the proper starting point after trial for 74.71 grammes of ketamine is 6 years and   3 months imprisonment.  Giving the defendant full credit for his plea of guilty he is sentenced to 4 years and 2 months imprisonment.

7.As noted earlier the defendant is now serving a sentence of  8 months imprisonment imposed on the 13th May this year in KCCC2638/2009 for an offence of theft, committed whilst the defendant was on bail for the present offence.  I have had the opportunity of reading the case papers for that offence.  The offences are entirely separate and distinct for which consecutive sentences are appropriate.  I am satisfied that if the defendant had been sentenced at the same time, taking into account he is a young offender who had never been to prison before, the sentences would not have been ordered to be served wholly consecutively.  In all the circumstances I order 3 years and 8 months imprisonment consecutive and 6 months imprisonment concurrent to the sentence the defendant is now serving.  This makes a total sentence to be served by the defendant of 4 years and 4 months imprisonment, which I am satisfied properly reflects his criminal culpability in respect of the two offences.