HKSAR v. Wong Chi Hung

DCCC1298/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1298 OF 2009

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Reasons for Sentence

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1. Defendant, you 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.  You admitted the Brief Facts and I convicted you.

2. The facts were as follows.  At about 2.45 am on 25 September last, a police officer, that is PW1, saw you buying soft drinks at a vending machine at Wo Hing Road, Fanling.  You were searched and nothing was found.  Therefore, you were released.  At about 3.20 am, another police officer, PW2, was patrolling in the area and he saw you standing near a car outside a car park in Wo Hing Road.  The car had the headlights on.  You boarded the car and drove off, and the police followed and stopped you for a search at the junction of Kiu Tau Road and Tai Wo Service Road West. 

3. That search revealed the following items: 

(a)  two bags of suspected dangerous drugs in the front left jeans pocket (P1 and P2);

(b)  seven bags containing a total of 31 bags of suspected ketamine in a bag carried by you.  That was P3 to P9 inclusive; and

(c)  in a pocket of the right front door, four bags of suspected ketamine (P10).

4. Under arrest and caution, you said, “Sir, those ketamine were bought by me for my own consumption.”  You claimed to have bought them from a male called Ah Gwai for $2,000.  Later, analysis revealed the following:

(a)  P1 contained 1.06 grammes of powder containing 0.77 grammes of ketamine;

(b)  P2, 1.01 grammes of powder containing 0.76 grammes of ketamine;

(c)  P3, 2.66 grammes of powder containing 1.86 grammes of ketamine;

(d)  P4, 7.45 grammes of powder containing 4.76 grammes of ketamine;

(e)  P5, 2.08 grammes of powder containing 0.67 grammes of ketamine;

(f)  P6 contained 2.83 grammes of powder containing 0.75 grammes of ketamine;

(g)  P7, 0.30 grammes of powder containing 0.21 grammes of ketamine;

(h)  P8 containing 8.6 grammes of powder containing 6.11 grammes of ketamine;

(i)  P9, 8.61 grammes of powder containing 5.99 grammes of ketamine; and

(j)  P10, 1.86 grammes of powder containing 1.09 grammes of ketamine.

This was a total of 36.47 grammes of powder containing 22.97 grammes of ketamine.

5. Interviewed under caution, you claimed the ketamine was for your own consumption.  The estimated street value was $4,300.  You possessed that for trafficking.  You admitted to 12 previous convictions, two of which were similar and convicted on the same occasion. 

6. On your behalf, Mr Yiu entered limited mitigation.  I was told that you are 40 years of age, married with two children and employed as a labourer in a garage.  You earned approximately $4,500 per month and, in addition, the family received public assistance of $8,000.  A substantial part of the family income was spent on rent.  Also, I am told whilst you have a gambling problem, you are not drug dependent.

7. Mr Yiu admits that you misled the police by saying that the drugs were for your own consumption.  That was not true.  On that occasion, you were acting as a courier and would have received $500.  I am told that financial hardship led to the commission of this offence.  It was also stressed that you were not the ringleader.  Your plea of guilty was also stressed.

8. I turn now to the sentence.  As I have said, little by way of mitigation was advanced because there is little mitigation in this case.  The only mitigation of any moment is your plea of guilty.  You are a man with an undistinguished criminal record with two previous convictions involving trafficking in dangerous drugs.  The total amount of ketamine that you admit trafficking in is within the range of 4 to 6 years' imprisonment.

9. In this case, I take as a starting point 54 months' imprisonment, that is 4 and a half years, reduced to 3 years for your plea of guilty.  You will go to prison for 3 years.