HKSAR v. Huang Po Chuen

DCCC 845/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 845 OF 2009

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Reasons for Sentence

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The charge and facts

1.The defendant pleads guilty to trafficking in a dangerous drug, namely 105 plastic bags containing a total of 167.33 grammes of a powder containing 141.62 grammes of ketamine. The offence took place on 18 May 2009. On that evening, the police intercepted the Defendant at the lift lobby of 7^th Floor, Yan Pak House, Hong Pak Court, Lam Tin. Pursuant to a search warrant, his residence at Room 703 was searched. In his bedroom were found:

(1) an electronic scale;

(2) a thermal sealing machine;

(3) a large number of empty resealable plastic bags;

2.In his trouser pocket was found a bunch of keys, including an ignition key to his private car bearing registration no. ML 7062. It was parked at space no. 133, L1 Floor, Hong Pak Court Car Park, No. 139 Pik Wan Road, Lam Tin. The Defendant agreed to lead the police for a search of it. On the way to the Carpark, he fled. The police caught him after a chase. He then took them to search his car.

3.In the trunk of the car were found:

(1) a “Calvin Klein Jeans” paper bag containing a transparent plastic box containing 4 packets of dehumidifier and 90 packets of ketamine;

(2) a white paper bag containing 7 packets of dehumidifier, a blue- coloured “Airwaves” plastic bag containing 5 packets of ketamine, 1 yellow-coloured “Airwaves” plastic bag containing 10 packets of ketamine;

(3) 1 black paper bag containing a large number of empty resealable plastic bags.

4.Upon arrest and caution, he said that he assisted other people to deliver the ketamine and he knew he was wrong. It was recorded in a police notebook but he refused to sign in acknowledgment of the notebook entry.

5.The police returned to Room 703 to seize the electronic scale, the thermal sealing machine, and the empty resealable plastic bags. Upon caution, he remained silent. He refused to sign in acknowledgment of the seizure.

6.A fingerprint was found from the front offside window inside the car. A palmprint was found from the bottom of the thermal sealing machine. Another fingerprint was found on a piece of paper inside the Plastic Box in the car. Each of them matched with the Defendant’s attributes.

Mitigation put forward

7.The defendant was 20 at the time of the offence and is now 21. He has 2 previous records for possession of dangerous drug and 1 for resisting a police officer in execution of duty. He received education up to F.3, and then took up various unskilled jobs. His parents are in court today. His father suffered leg injury at work a few years ago and could not work afterwards. His mother is still working.

8.He sold the drug with a view to making a profit of about $5,000.

Sentencing guidelines for ketamine trafficking

9.The Court of Appeal in Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1 had laid down sentencing guidelines for trafficking in ketamine as follows:

(1) up to 1 gramme – within the sentencer’s discretion;

(2) over 1 gramme to 10 grammes – 2 to 4 years’ imprisonment;

(3) 10 to 50 grammes – 4 to 6 years’ imprisonment;

(4) 50 to 300 grammes – 6 to 9 years’ imprisonment;

(5) 300 to 600 grammes – 9 to 12 years’ imprisonment;

(6) 600 to 1000 grammes – 12 to 14 years’ imprisonment; and

(7) over 1000 grammes – 14 years upwards.

The Defendant’s sentence

10.The drug in question falls within the band of 6 to 9 years’ imprisonment. The Defendant sold, packaged, and delivered the drug. I take a starting point of 7 years. Because of his plea of guilty, I reduce it to 4 years 8 months. There are no other mitigating factors. This is the sentence.