HKSAR v. Tang Ying Tung and Another

DCCC 893/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 893 OF 2009

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Reasons for Sentence

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1.The defendants pleaded guilty to trafficking in 21.23 grammes of ketamine.

2.The events happened on the afternoon of 16 June 2009 shortly after 5:30 p.m. at the staircase of a residential block in Tuen Mun.  The two defendants sold a bag of ketamine to an undercover police agent for HK$1,600.  The police marked money used for the purchase was recovered from the trousers pocket of the 1^st defendant.  When cautioned both defendants admitted selling the drugs for financial gain.

3.The drug was subsequently examined and confirmed by the government chemist to weigh 25.09 grammes of a mixture which contained 21.23 grammes of ketamine.

4.A defendant who trafficked in 10 to 50 grammes of ketamine generally expects a term of 4 to 6 years imprisonment (see Hii Siew Cheng (許守城) [2009] 1 HKLRD 1). 

5.The defendants were both aged 19.  Both of them came to Hong Kong from the mainland in 2000.  D1 had 1 previous non-similar conviction of wounding contrary to section 19 of the Offences Against Persons Ordinance whilst D2 had a clear record.

6.Drug trafficking is a serious offence for which clear record and personal background are not generally considered strong mitigating factors in light of the adverse impact on society with drug trafficking. One cannot possibly fail to learn from current news what ketamine has done to the younger generation.

7.For the quantity of drugs the defendants were selling, the appropriate sentence to impose is a term of 4½ years imprisonment.  Giving them credit for their pleas of guilty indicating remorse, I accord them 1/3 discount and sentenced both of them to the same terms of 3 years imprisonment.