HKSAR v. Wen Kwok Chuen, William

DCCC 408/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 408 OF 2009

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Reasons for Sentence

1.The defendant pleads guilty to one charge of trafficking in

43.17 gramme of ketamine and another charge of assaulting a police officer for the events which happened on the 4^th floor lift lobby of a residential block in Yaumatei on 17 November 2008.

2.The defendant was stopped by the police officers as he came out of the lift on the 4^th floor. When the police officers disclosed their identity, the defendant tried to escape and pushed the police officer. The officer lost his balance and fell onto the ground. Other police officers came forward to subdue the defendant. When the defendant was put under restraint, he was found to be carrying two packets of ketamine.

3.The police officer attended the hospital and was found to suffer from shoulder pain. He was discharged from the hospital on the same day. The two packets of ketamine were subsequently confirmed by the government chemist to weigh 66.67 grammes of a mixture which contained 43.17 grammes of ketamine.

4.The defendant, almost 27 years of age, had 1 previous record of possession of dangerous drugs in the year of 2001 for which he was given a probation order. In his mitigation he said, through his counsel, 2008 had been a bad year for him. His grandmother, whom he lived with, passed away. In the middle of the year his father also died after suffering from a stroke at the year of 72. His girlfriend left him and married another person. He felt depressed and became heavily addicted. When he could no longer afford to pay for his own consumption, he engaged in trafficking to finance his own needs.

5.Sentence tariff for trafficking in ketamine can be found in the Court of Appeal decision of Hii Siew Cheng (許守城) [2009] 1 HKLRD 1, which was also referred to by defence counsel in court. A trafficker possessing 10-50 grammes of ketamine for the purpose of trafficking expects a sentence of 4 to 6 years of imprisonment. For the quantity of drugs the defendant had in his possession for trafficking, the starting point for sentence should roughly be in the range of 5 years and 8 months. I adopt the starting point of 5 ½ years.

6.The defendant frankly admitted he had the drugs for trafficking. I do give him credit for his frankness and his plea reflecting his remorse. I accord him a 1/3 reduction on the starting point of 5 ½ years for his 1^st charge. For the 2^nd charge, in light of the minor nature of the injury on the officer, and the defendant engaged in the act out of fear of his own apprehension rather than a deliberate intention to harm the officer, I adopt a 3 weeks imprisonment term.

7.The sentences I impose are as follows:-

(i)  charge 1 (trafficking) – a term of 3 years 8 months imprisonment (being 2/3 of 5 ½ years) ; and

(ii)  charge 2 (assaulting police officer) – a term of 2 weeks (2/3 of 3 weeks); of which 1 week is to be served concurrently leaving the balance of 1 week to be served consecutively with the 1^st charge.

8.The total duration is that of 3 years 8 months and 1 week.