HKSAR v. Li Man Hung

DCCC1245/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1245 OF 2009

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Reasons for Sentence

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1.The defendant pleaded guilty to 1 charge of "Trafficking in a dangerous drug". The dangerous drug involved is ketamine.

Summary of Facts

2.At about 1:35 am on 4 July 2009, DPCs 52627 and 54063 (who were in plainclothes) saw the defendant sitting on the ground outside Kwong Wah Hospital looking around nervously. Feeling suspicious, they approached the defendant for enquiry. Upon seeing DPC 52627, the defendant took out a packet from his trouser pocket and left it on the ground. He then got up and started walking away. Both detectives intercepted the defendant.

3.DPC 52627 recovered the packet from the ground. It contained 2 plastic bags of suspected dangerous drug. The defendant was arrested. In his cautioned interview, the defendant admitted that the packet he left on the ground contained ketamine. He discarded it because he saw DPC 52627 approaching him, thinking that the man might be a police officer. He purchased the ketamine in the evening of 3 July 2009 from a person named "Ah Ming" in Mongkok at the price of $3,600. The amount of ketamine in the packet would be sufficient for 3 weeks' consumption.

4.The Government Chemist examined the packet and confirmed that it consisted of 2 plastic bags containing a total of 53.56 grammes of a powder containing 36.15 grammes of ketamine.

5.The defendant admits that he possessed the drug for the purpose of unlawful trafficking.

Mitigation & Sentence

6.The defendant is now 23 years old. He has 1 previous conviction in June 2007, which is "Possession of dangerous drug". He was fined $1,500.

7.The defendant completed F.5 in April 2006. From May 2008 to June 2009, he worked as a Production Assistant in a coffee company. Defence counsel Mr. SO has submitted a bundle of mitigation documents (including letters and certificates). Their contents are noted.

8.In the course of mitigation, Mr. SO explained that the defendant purchased the ketamine on behalf of his friends. He intended a large portion of the drug was for his friends and a small quantity for his own consumption. Mr. SO submitted that the defendant is a "social trafficker". In my view, there is no such thing as "social trafficking". The criminality of buying drug for friends and then sharing it with them is just the same as acting as a courier or seller. Furthermore, there is simply no evidence as to how much the defendant intended for his friends and how much for his own use. I will sentence him on the basis of the entire quantity of ketamine seized.

9.A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment.

10.The sentencing tariff for trafficking in ketamine is laid down in SJ v HII Siew Cheng [2009] 1 HKLRD 1. For 10 to 50 grammes, the sentence ranges from 4 to 6 years imprisonment. For 36.15 grammes, I adopt a starting point of 5 years. One-third discount is given for the guilty plea, reducing the sentence to 3 years and 4 months (40 months). Apart from this, I see no other mitigating factors which warrant any further discount. The sentence I pass is therefore 3 years and 4 months.