HKSAR v. Yung Chi Hong

DCCC 516/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 516 OF 2010

----------------------------------------------------------

-----------------------------------------------------------

------------------------------------------

Reasons for Sentence

-------------------------------------------

Charge

1.The Defendant pleads guilty to 1 count of Trafficking in Dangerous Drugs. The drugs involved are 34.48 grammes of a powder containing 28.32 grammes of ketamine and 0.26 gramme of a solid containing 0.20 gramme of cocaine.

2.In an anti-narcotic patrol in Yau Ma Tei on 15 March 2010, customs officers intercepted the Defendant and upon questioning, he admitted in possession of dangerous drugs. 6 Zip-lock bags of ketamine and 1 zip-lock bag of cocaine were found on him in body search. Under caution, the Defendant said he bought the drugs for HK$1,800 and he would distribute the drugs to the others.

3.The Defendant is 18 years old. He has 2 previous criminal records not similar to the present one, one of them was possession of dangerous drug for which he was put on probation. He was a drug addict.

4.The Defendant and his parents wrote letters to this court asking for leniency. I was told that the Defendant committed the present offence because he needed to contribute to support the family.

5.As submitted by Mr. Ng, solicitor for the Defendant, the Court of Appeal had laid down a tariff for the sentence of trafficking in ketamine in Secretary for Justice v. Hii Siew Cheng [2009] 1 HKLRD 1. For quantity of ketamine from 10 to 50 grammes, the range of sentence shall be 4 to 6 years imprisonment. Mr. Ng agreed that I should follow the tariff in sentencing the Defendant unless there is exceptional circumstance and there is nothing of this kind in the present case.

Sentence

6.Although there is also cocaine involved in this case, the quantity is insignificant when comparing to the quantity of the ketamine. I would adopt a global approach in considering the sentence and neglect the cocaine involved.

7.Taking into account the very young age of the Defendant and his cooperation all along, although the quantity involved in this case is much larger than 10 grammes, the lower end of the tariff, I would just adopt 4 years, the lowest in the range, as the starting point for sentence.

8.Taking into account his guilty plea, the Defendant is sentenced to 32 months imprisonment.