HKSAR v. Hui Yau Tat

DCCC 1008/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1008 OF 2009

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Reasons for Sentence

1.The defendant pleaded guilty to 1 charge of trafficking in dangerous drugs, namely 14.79 grammes of ketamine.

2.The defendant was stopped and searched by the police at the bus terminus of Kwun Tong in Kowloon on the early morning of 26 June 2009 at about 3.30am. In the opinion of the police officer, the defendant was acting furtively thereat. When searched, the defendant was found to have a resealable plastic bag containing 11 small packets of drugs inside his trousers’ pocket. Under caution, the defendant said he spent HK$800 to obtain these drugs in Tsim Sha Tsui for sale and he was about to sell 2 small packets to “Ah Chung” for HK$400.

3.Government chemist subsequently confirmed the 11 packets of powder found inside the defendant’s trousers’ pocket to weigh 17.58 grammes which contained 14.79 grammes of ketamine.

4.The defendant was aged 19. He came from a broken family. His mother left the matrimonial home when the defendant was 7 years old. His father remarried and his stepbrother is about 5 years of age. He lived on and off with his father. During the time he was not at home, he lived on his own or with his friends. He made no disclosure of his current place of abode. He had taken up different jobs such as delivery worker, kitchen helper and transportation worker. At the time of the offence he was unemployed. In the year of 2007 he was convicted of theft. In mitigation it was said the defendant was given HK$300 per day and a small amount of ketamine for the defendant’s own consumption for the defendant to assist in delivering the drugs to the buyers.

5.The appropriate sentence for trafficking in 14.79 grammes of ketamine is roughly a term of 4 years and 3 months imprisonment. (see the June 2008 decision of Hii Siew Cheng (許守城) [2009] 1 HKLRD 1).

6.The strongest mitigating factor in this case is the defendant’s plea of guilty. I do accord the defendant 1/3 discount to reflect his plea. I reduce his sentence and sentenced him to a term of 2 years and 10 months imprisonment.