HKSAR v. Fong Tsz Ho

DCCC1424/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1424 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. The particulars of the offence are that on 30 October 2009, in Yau Ma Tei, he trafficked in 5.25 grammes of pure ketamine and 4.48 grammes of “Ice.”

2.The facts admitted by the defendant disclose that on the morning of 30 October, three officers were in uniform at the junction of Temple Street and Kansu Street when they saw the defendant and two other persons walking along the street. When the defendant and his companions noticed the police officers, they turned round and tried to walk away. The officers became suspicious and intercepted them.

3.The defendant was searched and in his front pocket of his trousers were found the drugs, the subject of the charge, and an electronic scale. When he was arrested at the scene, under caution, he said that the dangerous drugs and the scale did not belong to him. He had been given them to somebody called “Big Nose Fung” in a fast-food shop in Mongkok and instructed to deliver them to another person in Yau Ma Tei. He said that Fung had arranged to phone him later to give him further instructions.

4.The defendant has appeared before the courts on previous occasions. In June 2006, for wounding or inflicting grievous bodily harm and for attempted theft, he was ordered to go to a detention centre. In September 2008, for possession of dangerous drugs, he was imprisoned for a period of 4 weeks.

5.I am told in mitigation that the defendant is 18 years of age. He was born and educated in Hong Kong. He had worked previously in a hair salon, earning some $7,500 per month. His parents are aged 45. His mother is of similar age and unemployed and he has three younger brothers aged 10, 12 and 16. Counsel for the defence has told the court that he was not offered any reward for delivering

6.As regards sentencing in this case, the defendant will be aware that these offences attract a sentence of imprisonment. He has previously been to prison for possession of dangerous drugs and this is clearly a more serious offence. The quantity of ketamine in this case is 5.25 grammes and that would normally attract a sentence of about 3 years’ imprisonment. The quantity of “Ice” is 4.48 grammes and that would normally attract a sentence of about 4 and a half years’ imprisonment.

7.I consider that both of the drugs were found in the possession of the defendant for the purpose of trafficking on the same occasion. I therefore consider the issue of totality. In my view, an appropriate starting point for this offence is a sentence of 5 years’ imprisonment. The only mitigation in this case is that the defendant has pleaded guilty. The defendant is therefore entitled to a discount to reflect his guilty plea. The sentence will be reduced by one-third. The defendant will therefore serve a period of 40 months’ imprisonment.