HKSAR v. Kwok Ho Kei

DCCC57/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 57 OF 2010

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

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

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

Reasons for Sentence

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

1.The defendant pleaded guilty before me to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

2.The facts admitted by the defendant are as follows: in the evening of 14 July 2009, the police found the defendant acting in a furtive manner on Lockhart Road, Causeway Bay, Hong Kong. She was therefore intercepted. Upon a search conducted on the defendant by a woman police constable, a tissue paper wrapping a transparent resealable plastic bag of ketamine was found in her left front trousers pocket.

3.The ketamine found is the subject matter of the charge to which the defendant has pleaded guilty.

4.Upon examination, it was found to be 13.69 grammes of a powder containing 10.69 grammes of ketamine.

5.Under caution, the defendant admitted that the drug was for delivery to a friend so that she could earn some money.

6.During a subsequent interview, the defendant further admitted that she had been asked by her friend to provide some ketamine. She therefore bought the drug in question at HK$800 for sale to her friend at a price of HK$900.

7.The defendant is aged 31. She was a drug addict before, but she claims that she is no longer addicted to drugs.

8.The defendant is married, and has a son with her ex-boyfriend. The son is now living with his grandmother.

9.At present, the defendant is working as a clerk, earning about HK$6,500 a month.

10.It was said by Mr Fu, acting for the defendant, that she contributes HK$1,000 per month towards the maintenance of her son.

11.The defendant has been convicted on six previous occasions. Between 1994 and year 2000, she was convicted on four occasions for possession of a dangerous drug. The present case is her first trafficking in a dangerous drug conviction.

12.In mitigation, Mr Fu asked for a lenient sentence to be passed on the defendant as she was fully cooperative, she pleaded guilty and is very remorseful.

13.In Secretary for Justice v Hii Siew Cheng and Another [2009] 1 HKLRD 1, the Court of Appeal laid down the tariffs for trafficking in ketamine.

14.For trafficking 10 to 50 grammes of ketamine, a term of imprisonment of between 4 to 6 years is called for.

15.In the instant case, the ketamine involved is 10.69 grammes. For this quantity, I consider a starting point of 4 years to be appropriate.

16.Now, after taking into account the defendant's guilty plea and all the mitigating factors put before me, including the special circumstances on the papers, I am going to reduce the 4 year term to one of 2 years.

17.Defendant, stand up. You are therefore to serve a term of 2 years' imprisonment.