HKSAR v. Ng Kwok Shing

DCCC1121/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1121 OF 2009

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Reasons for Sentence

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1.The defendant pleaded guilty to a charge of trafficking in a dangerous drug involving 7.48 grammes of ketamine. According to the Facts submitted by the defendant, he was asked by somebody in a video game centre to deliver the ketamine in question in return for a free supply of ketamine.

2.The defendant is 26 years of age and he has been before court on seven previous occasions, out of which he was twice convicted of drug-related offences. The last conviction on record was for possession of a dangerous drug which took place subsequent to his arrest for the present offence, and for that offence, he was sentenced to four months’ imprisonment.

3.The defendant at the moment is still a relatively young man, but he has been before court on a number of previous occasions. He first transgressed the law at the age of 14 and thereafter he has never been able to stay out of trouble. Suffice it to say that his criminal record is less than impressive. According to Mr Marray, counsel for the defendant, the defendant is drug dependent. This is to a certain extent supported by his previous convictions. This is probably the reason why he committed the present offence.

4.I have heard mitigation advanced by Mr Marray. As he rightly concedes, the major, if not the only, mitigating factor is the defendant’s plea of guilty. There was nothing surrounding the offence itself or his background that could enable this court to give the defendant any further discount on top of the one-third to which he is entitled on a plea of guilty.

5.The quantity of ketamine involved in this case is 7.48 grammes and it comes within the sentence bracket of two to four years’ imprisonment according to the case of Hii Siew Cheng, CAAR7/2006.

6.I have considered all the relevant circumstances. I take 39 months as the starting point for the present offence. I give the defendant one-third discount to reflect his plea of guilty, and that reduces the sentence to 26 months. The defendant is therefore convicted and sentenced to 26 months’ imprisonment.