HKSAR v. Cheuk Man Tik
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DCCC 1131/2009 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO. 1131 OF 2009 ----------------------------------
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---------------------------------- Reasons for Sentence ----------------------------------- 1.The Defendant pleads guilty to 1 count of Trafficking in a dangerous drug, namely, 80.23 grams of a powder containing 58.56 grams of ketamine. 2.The Defendant was found hidden the drugs under his underpants at a road block checking in Tai Kok Tsui. He was then on board a taxi. Under caution, he said he had just bought the six bags of ketamine at HK$4,000 in Yuen Long. It is admitted that the total street value of the ketamine was between HK$6,000 to HK$8,000. 3.The Defendant is now 21 years old, at the time of the offence, which was 7 months before, he was 20. He has 4 previous records with 2 of them being drug related. But they are not similar offence. 4.In mitigation, Mr. Lai, counsel for the Defendant, told me that the Defendant comes from a broken family, his mother deserted the family in his early age but now comes back with a lot of gambling debts and he needs money to help her. He has also a step-mother and 2 half sisters in mainland. He needs to support them together with his father. Recently, his friend committed suicide, he was very depressed and because of this he associated with the undesirable friends again. 5.The Defendant has written a letter to the court explaining, as his counsel has already done, why he committed the offence and expressed that he is now remorseful and asked for a chance. 6.However, the reasons given and the background of the Defendant cannot be excuses for committing this serious offence. They can hardly be mitigating factors. As mentioned by Mr. Lai, there is a tariff of sentence for trafficking in ketamine and it cannot be easily departed. 7.In SJ v Hii Siew Cheng [2009] 1 HKLRD 1, the tariff for trafficking from 50 to 300 grams of ketamine is 6 to 9 years. As the quantity involves in this case is just over 50 grams, I would just adopt the lowest in the range of 6 years as the starting point. 8.The only mitigating factor is really the guilty plea. With the usual one-third discount the Defendant is sentenced to 4 years’ imprisonment.
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