HKSAR v. Leung Pak Wing

DCCC93/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 93 OF 2010

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Reasons for Sentence

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1.Defendant pleaded guilty to one charge of trafficking in a dangerous drug.

2.In sentencing I have taken into account the whole circumstances of the case including its nature and facts, in particular the nature and quantity of the dangerous drug involved, background of the defendant, mitigation made on behalf of him and have regard to sentencing precedents.

3.The facts of the case are simple. The police carried out a search in a public housing estate flat from which the defendant had just come out. Nine resealable plastic bags containing a total of 22.15 grammes of a powder containing 17.66 grammes of ketamine were found put inside a closet. Fifty resealable plastic bags and an electronic scale were also found.

4.Under caution, the defendant admitted that he was selling ketamine to help his father to repay his debt. He would pack the drug given to him by a friend into smaller packets and then deliver it to customers when told to do so. He would share the proceeds equally with his friend.

5.Defendant is 19 years of age. He is a first-time offender. He was living mainly with his girlfriend. His father is a PLB driver and mother a housewife. He has two younger siblings. He received education up to Form 5 and had worked as a waiter and transportation worker earning about $8,000 per month. The girlfriend was pregnant but due to the pressure arising from the present matter, she suffered a miscarriage.

6.I am told that the defendant’s father owed money because of expenses arising from his PLB operation and heavy spending.

7.According to the guideline in the case of SJ v Hii Siew Cheng [2009] 1 HKLRD 1, the tariff for a conviction after trial of trafficking in 10 to 50 grammes of ketamine is 4 to 6 years’ imprisonment. In all the circumstances I do not consider there exist strong reasons not to follow the tariff suggested in that case.

8.Ketamine has been shown to be a prevalent drug in Hong Kong. The harm to individuals and the community as a whole is tremendous. Despite the defendant is only 19 years of age and is a first-time offender, I do not consider any sentence other than immediate imprisonment is appropriate. In all the circumstances I am of the view that a starting point of 4 years is appropriate.

9.Defendant pleaded guilty, he is entitled to have one-third discount for this factor. I am satisfied that he is remorseful and that his family is supportive. His employer made positive remark of him and said he would continue to employ him after his discharge. I am of the view that the defendant is entitled to some more discounts.

10.Based on the matters aforesaid, I sentence the defendant to 30 months’ imprisonment. I hope that the defendant having served his sentence will turn over a new leaf.