HKSAR v. Chan Chi Wah

DCCC352/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 352 OF 2009

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Reasons for Sentence

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1.The defendant has been convicted after trial of trafficking 28.9 grammes of ketamine with a purity of 23.84 grammes.

2.I will look at the purity where sentence is concerned.

3.I will not repeat the facts of the case, I gave full details and reasons in my verdict.

4.The defendant admitted selling the drugs for a profit to fuel his own drug habit. He told the police for the purpose of his antecedents statement that he was a drug addict. In his record of interview, he describes being a habitual daily abuser of ketamine. This addiction may explain his desperation to earn money to fuel this damaging habit by selling drugs.

5.He has one previous conviction for possession of a dangerous drug in 2002, over six years ago.

6.Despite his addiction, I do not have in mind calling for any reports. They would not assist me here. I have details of his family background from his antecedents statement, confirmed by Mr Swainston.

7.There are guidelines for trafficking dangerous drugs and, where ketamine is concerned, I have referred myself to the authority of Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1. The new guidelines, after trial, which are relevant in this case, is where 10 to 50 grammes are concerned, a custodial sentence of 4 to 6 years is appropriate.

8.Mr Swainston has said what he can in mitigation. I have considered the background of the defendant and the quantity of the drugs.

9.I will, according to the guidelines, take a starting point of 4 years and 6 months. I see no reason for any discount.

10.The defendant is accordingly sentenced to 4 years and 6 months’ imprisonment.