HKSAR v. Kong Man Yee

DCCC486/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 486 OF 2010

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Reasons for Sentence

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1.The defendant has pleaded guilty to one count of trafficking in a dangerous drug, namely, 106.29 grammes of a powder containing 87.35 grammes of ketamine. Because of the defendant’s age and the fact that this is her first serious conviction, I called for a probation officer’s background report, and for convenience of time more than anything else, I also called for a training centre report in case the probation officer’s background report revealed anything exceptional, and I had mentioned that to Mr Lam at the time when I ordered these reports.

2.Now, these reports are now before me, and I am particularly aware of the fact that the defendant comes from a broken home. She lives with her grandmother and, unfortunately, has not behaved herself at all. She had indulged herself in thefts and also breaking the rules at the Fanling Girls’ Home. She had attended the rehabilitation centre. She was released and then recalled because she had failed to attend work and, finally, she was discharged in May 2007 and she worked in different hair salons as an apprentice, and it seems that she has also got herself into the habit of taking ketamine.

3.The defendant comes from a broken home. That is not an excuse for her to indulge herself. Many people come from broken homes and they have been able to make something better of themselves. It is clear from the background report that the defendant is lazy and has difficulty holding down a stable job and has participated in this drug trafficking basically in order to get some money to support perhaps her ketamine-taking habit.

4.I have considered the training centre report and although the defendant is found suitable for the training centre, I am not inclined to send her there because the defendant has not shown herself to be able to submit to authority or have the motivation to better herself. The defendant is not exceptionally young and she is 18 going on 19, and so in those circumstances, I refer myself to the recent case of the Court of Appeal of Hii Siew Cheng CAAR7 of 2006 as to the guidelines for sentencing in ketamine. The Court of Appeal there recommended that for trafficking in between 50 to 300 grammes, a sentence of 6 to 9 years’ imprisonment is warranted.

5.In the present case, the defendant has 87.35 grammes. Because of her background, this is her first serious offence, I am going to take the lowest I can in this range as a starting point. That is 6 years’ imprisonment. And giving the defendant one-third off, she is therefore sentenced to 4 years’ imprisonment.