HKSAR v. Ng Sin Man

DCCC 646/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 646 OF 2009

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Reasons for Sentence

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1.The Defendant pleaded guilty to a charge of trafficking of dangerous drugs, namely 55.60 grammes of a powder containing 45.77 grammes of ketaime.

Facts of the case

2.At the material time, the police witnesses were conducting anti-narcotics operation in Shan Tsuen, New Territories . At about 12:15 am on 7/4/2009, they saw the Defendant came out from house 42 of Shan Tsuen, she was holding a black plastic bag and looking around furtively.

3.The police witnesses stopped her for a search and found the drugs in question inside the plastic bag.

4.Under caution, the Defendant said that the drugs were for her own consumption and asked for a chance.

5.In a video record of interview, she said that she purchased the drugs in a sum of $2900 , in bulk for a cheaper prize shortly before the arrest. She said that the quantity could last for 6 months for her own consumption.

6.In mitigation, I am told that the Defendant is now 27 years old. She has one previous of possession of dangerous drugs in 2003 and was fined $1500. Her parents divorced when she was 17 old. In 2003, she got married but was deserted by her husband. She was unhappy for both incidents. Although she has a sister, she mainly looked after herself.

7.The Defence Counsel rightly pointed out that the Defendant had committed a very serious offence and there was nothing much he could mitigate on the Defendant’s behalf except to give credit for her guilty plea.

8.According to the guideline in Hii Siew Cheng CAAR 7/2006 the quantity involved should fall into the sentencing bracket of 4 to 6 years.

9.When I pass sentence on the Defendant, I bear in mind of all the mitigating factors, the D’s guilty plea and the quantity involved, I adapt a starting point of 5 years and 9 months, reduce to 46 months to reflect the Defendant ‘s guilty plea.