HKSAR v. Wong Chi Wai
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DCCC1075/2009 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO. 1075 OF 2009 ----------------------
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----------------------------- Reasons for Sentence ----------------------------- 1.Defendant, you have pleaded guilty to an offence of trafficking in a dangerous drug contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. You have admitted that on 29 July 2009, whilst at 4 Kai Fuk Road, Ngau Tau Kok, Kowloon you unlawfully trafficked in 13.82 grammes of a powder containing 11.1 grammes of ketamine and 0.3 grammes of a solid containing 0.15 grammes of cocaine. 2.On 29 July 2009 at 11.55 pm police officers noticed that a car was pulled over on the roadside near an Esso Mobil petrol station. They went over to intercept the car for inquiry. They found you as the driver of the vehicle. Upon search they found two resealable plastic bags containing the drugs. 3.You were arrested and cautioned and, under caution, you said, “Those K-jais, ketamine, were for sale.” In a cautioned interview later you admitted the ketamine belonged to yourself and the car that you were driving was borrowed from another person. 4.You are 22 years of age and have one previous conviction for possession of dangerous drugs in 2007 to which you were sentence to probation for 12 months. Your solicitor, Mr Yiu, has made very full mitigation on your behalf and has laid out your personal background. It appears to me, sadly, that your mother passed away when you were a baby. You were then arranged to live in a foster home as your father was busily engaged at work. 5.You returned to live with him when you were 12 but was surprised that he was living with a new wife and you had two half-brothers. You were not happy on your reunion with your father as he played a very passive role at home, seldom talked to you and your stepmother was cold to you and showed favouritism towards your younger brothers. You felt that she treated you unfairly. 6.As a result, you felt unloved by your parents. You did poorly in school and, after form 4, came out to work at various odd jobs. You did not stay in each job for long as you lacked the incentive to work and found it more interesting to stay with your friends who then, you realised, became your dubious peers. As a result of knowing them you started abusing ketamine which caused you to commit the 1st offence in 2007. Despite that offence you continued to abuse drugs and led an idle life at home. You lost heart in life and then bought the drugs in question for sale and use among your peers. 7.This is a very sad case in respect of your personal background. Unfortunately there are other people and young persons like yourself in similar positions. Unfortunately once one becomes involved in drugs, one’s life tends spiral downwards rather than get any better. 8.You are aged 22 and as I am sure, you have been advised, this offence of trafficking dangerous drugs is a very serious one and warrants an immediate term of imprisonment. As Mr Li rightly pointed out the guideline case is that of Secretary for Justice v Hii Siew Cheng and you fall within the third bracket of between 10 and 50 grammes of ketamine. You had, in your possession for trafficking, 11.1 grammes of ketamine and, in view of that quantity of drugs, I take a starting point of 4 years’ imprisonment. 9.I give you full credit for your early plea of guilty and the fact that you have shown remorse. That term shall be reduced to 2 years’ and 8 months’ imprisonment. The other drugs involved were 0.15 grammes of cocaine and that is a very minimal quantity and I shall disregard that sum in sentencing you. Your total sentence will be as I stated, 2 years’ 8 months’ imprisonment.
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