HKSAR v. Chak Wai Ho
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DCCC1308/2009 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO. 1308 OF 2009 ----------------------
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--------------------- Reasons for Sentence --------------------- 1.Defendant, you have pleaded guilty to a single offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134. 2.The facts were as follows. On 2 October last, police officers carried out an operation at No. 43 Fuk Wa Street, Sham Shui Po. They observed the premises on the 3rd floor. At around 6.25 pm, you emerged from your flat alone. You were intercepted and searched. Inside a pocket of your trousers was found four transparent resealable plastic bags containing 20 packets of suspected dangerous drugs and one transparent resealable plastic bag containing 18 packets of suspected dangerous drugs. You had in your possession $670. 3.You were arrested and cautioned and admitted the bags contained “K Chai” which you were delivering for a reward. Interviewed later under caution, you admitted to agreeing to deliver the dangerous drugs for a person called Ah Keung for $500. Ah Keung was someone you had known for quite sometime. As instructed, you had collected them from a park in Sham Shui Po and taken them home. You were about to deliver them to a place in Mongkok when arrested. Later, analysis showed the suspected dangerous drugs to be indeed dangerous drugs, being 36.12 grammes of powder containing 30.79 grammes of ketamine with street value of approximately $4,370. You admitted to five previous convictions on four separate occasions, four being drug-related, one of which involved trafficking. 4.Miss Yap entered mitigation on your behalf. There was very little that could be said. I am told you are 22 years of age, a decoration worker who resides with his parents and younger brother. Your mother has come along to court today to lend her support. Last year, I am told, because of the economic downturn, the family experienced severe financial problems which led to this offence. Miss Yap stressed your co-operation and your plea of guilty. She told me that she had advised you of the tariff sentences. 5.I turn now to the sentence itself. The case involves the trafficking of just over 30 grammes of ketamine. You are a young man with a poor record especially involving drugs. I do accept that from the point of being intercepted by the police, you were entirely co-operative. You made thorough admissions. These were reinforced by your plea of guilty. 6.Trafficking is a very serious offence. In this case, I can see no reason to depart from the established guidelines for sentencing. This amount of ketamine falls within the range of 4 to 6 years’ imprisonment, and 30 grammes falls right within the middle of that range. Therefore, I take a starting point of 60 months’ imprisonment. That is 5 years. For your plea of guilty, I discount that by one-third. You will go to prison for 40 months, that is, 3 years and 4 months.
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