HKSAR v. Chan Kai Yan

DCCC 907/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 907 OF 2009

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Reasons for Sentence

1.The defendant pleaded guilty to 1 charge of trafficking in 27.43 grammes of ketamine.

2.The events happened on 21 June 2009. The defendant was seen walking towards Ho Man Tin Estate together with another female Lam Pui-ting. When searched, the defendant was found to have 2 packets of drugs hidden underneath her bra.

3.The 2 bags of drugs were subsequently examined by the government chemist who confirmed the contents to weigh 29.75 grammes and 1.99 grammes which contained respectively 25.73 grammes and 1.70 grammes of ketamine.

4.Under caution the defendant admitted buying the drugs in Mongkok for HK$1,000 and she intended to sell the drugs off for financial gain.

5.The appropriate sentence for trafficking in 27.43 grammes of ketamine is a term 4 years 10 months imprisonment. (see the June 2008 decision of Hii Siew Cheng (許守城) [2009] 1 HKLRD 1 where the trafficking of 10 to 50 grammes of ketamine would attract a term 4 to 6 years imprisonment).

6.The defendant is 34 years of age. She lives on social security allowance. She had 2 sons, aged 5 and 12. She and her mother were not in good health.

7.The defendant was found in the streets with the drugs hidden underneath her undergarment. She made frank admission to the police about her intended use of the drugs. I accord the defendant credit for her plea of guilty indicating her remorse. I reduce her term by 1/3 and sentence her to a duration of 3 years 2 months.