HKSAR v. Nam Hoi Chow

DCCC988/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 988 OF 2009

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Reasons for Sentence

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1.The defendant has pleaded guilty to a charge of trafficking in dangerous drugs.

2.The particulars of the offence are that on 24 July 2009 in Tsuen Wan he unlawfully trafficked in 36.04 grammes of ketamine.

3.The facts admitted by the defendant state that shortly after 7 o’clock on 24 July, police officers were conducting an anti-narcotics operation outside a Wellcome Supermarket in the Tsuen King Circuit, Tsuen Wan.  They noticed the defendant acting suspiciously and intercepted him for inquiry.

4.They found inside his right front trouser pocket a cigarette box containing two plastic bags which contained the drugs, the subject of the charge.

5.The defendant told the police that he was unemployed at the time and he was asked to deliver the ketamine by an unknown female and was to remunerated in the sum of $300.

6.The defendant does not have the advantage of a clear record.  He has four previous convictions recorded against him.  Compared to the present offence, they were for relatively minor offences, although I note that one of them was for possession of dangerous drugs.

7.In respect of his previous convictions, he has only been sent to prison on one occasion, and that was for a breach of probation, for which he was sentenced to 21 days’ imprisonment.

8.The defendant is 39 years of age, I am told that he was educated to Form 4 standard in Hong Kong, and his brother-in-law is in court today. 

9.A mitigation letter has been submitted to the court.  The defendant in that letter states that his father died some six years ago and his mother is now aged 70.  He takes care of his mother, he regrets what he did and asks for a lenient sentence.

10.As counsel for the defendant has realistically accepted, the usual sentence for offences of this kind involving this quantity of drugs is between 4 to 6 years’ imprisonment.  That band of sentencing applies to persons found trafficking in between 10 to 50 grammes of ketamine.  The defendant in this case trafficked in 36.04 grammes of ketamine.  I take the view therefore that a starting point of 5 years would be appropriate.

11.The only real mitigation in this case is the defendant’s guilty plea and I give him full credit for that.

12.The defendant will therefore go to prison for 40 months, that is 3 years and 4 months.