HKSAR v. Tin Pui Sze, Basic

DCCC1433/2009

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1433 OF 2009

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Reasons for Sentence

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1.The defendant pleaded guilty to one count of trafficking in ketamine and was convicted accordingly. Here are the reasons for sentence.

Brief Facts

2.At about 10 pm on 3 November 2009, the police intercepted the defendant at Yin Chong Street in Mong Kok. A body search was conducted and the police found 4 packets of ketamine on the defendant.

3.Under caution, the defendant admitted that she was to deliver the ketamine to others to earn some money. In the video- recorded interview, the defendant further admitted that she bought the drugs, “K chai”, for $8,000 in a disco in Tsim Sha Tsui in the early hours of 3 November. She took the drugs back home. She intended to take the drugs to Mong Kok after work and would sell the drugs to people in discos and cyber café near Yin Chong Street.

4.Upon chemical examination, it was confirmed that the 4 packets of the dangerous drug contains 109.35 grammes of a powder containing 73.95 grammes of ketamine. The retail street value of the drugs so seized was about $12,600.

Mitigation

5.The defendant is now aged 24 and studied up to Form 5 level. The defendant is suffering from Tourette’s syndrome which greatly hampers her social adjustment and causing her to have low self-esteem. That also adversely affected her relationship with her family members. Subsequently, the defendant started to go astray and take ketamine. She had one previous conviction of possession of ketamine back in June 2007 for which she was fined $6,000.

6.It was submitted that the defendant was co-operative and admitted the offence right away. She was remorseful and, during the remand, she had time to reflect on her wrongdoing. It was said that the defendant is no longer a drug dependant and she undertakes not to commit further offence.

7.Counsel for the defence also submitted the mitigation letters written by the defendant’s parents, those people from certain volunteers group and her previous employer.

Sentence

8.It is sad to see that a young girl, who has a caring family, was found to have committed a serious criminal offence, being drugs trafficking. She was made use of and exploited by the drug traffickers. The Court of Appeal in HKSAR v Hii Siew Cheng [2009] 1 HKLRD, while drastically increased the sentencing guideline, made it clear that:

“The guidelines are intended to deter traffickers who frequent such disco or similar premises where young people are likely to be.  In very many instances, it is likely to be the small-time pushers of drugs, who shoulder the responsibility for taking young people off the rails and starting them on a path of self-destruction through drugs.”

9.The defendant being a small-time pusher, not only committed a crime, but also promoted self-destruction of other youngsters and was instrumental to spread this evil. The most important mitigating factor for the defendant is her guilty plea to which she is entitled to have one-third discount. In fact, she is wise to do so as the drugs worth about $12,600 were found on her.

10.Since June 2008, the Court of Appeal has drastically increased the starting point for offences of trafficking in ketamine. In normal circumstances, 50 grammes to 300 grammes of ketamine would attract a starting point of 6 to 9 years. The present seizure involved 73.95 grammes of ketamine. I would not consider the defendant’s previous conviction for the present sentencing purpose.

11.After taking all factors into account and the defendant’s personal circumstances, I would take a lenient stance and adopt a starting point of 6 years and 3 months. I would reduce the sentence to 50 months in light of her guilty plea.

12.I accept that the defendant is truly remorseful and she has a good character in that she found and surrendered a lost property of $1,800 to the police in October 2008. She has caring parents and all her family members are here in court today to support her. I expect her parents would seek professional assistance and guidance on the way to guide and support the defendant upon her release from prison. I am sure the defendant would turn a new leaf, embark upon a meaningful and fruitful life and set a good example for her young sister.

13.And to that end, I am prepared to exercise my discretion to take an exceptional step by further reducing the sentence by 3 months. Accordingly, I sentence the defendant to 47 months’ imprisonment.