HKSAR v. Chung Kai Mau, Mark

DCCC182/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 182 OF 2010

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Reasons for Sentence

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1.The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved is ketamine.

Summary of Facts

2.At about 5:15 pm on 7 January 2010, police officers intercepted the defendant for enquiry outside Shop No.106, Lei Muk Shue Shopping Centre, Lei Muk Shue Estate. The defendant attempted to flee, but was subdued by a constable.

3.After searching the defendant, the Police found 2 transparent resealable plastic bags containing suspected dangerous drugs in his right front trouser pocket. A total of 20 $500 banknotes were also found inside his wallet. Under caution, the defendant admitted that the substance contained in the 2 plastic bags is ketamine. He bought them at $3,500 from an unknown male in Mongkok.

4.The Government Chemist examined the 2 plastic bags seized from the defendant and confirmed that they contained a total of 55.97 grammes of a powder containing 47.26 grammes of ketamine.

5.The defendant admits that he possessed the drug for the purpose of unlawful trafficking.

Mitigation & Sentence

6.The defendant is now 24 years old. He has 4 previous convictions, 2 of which are "Possession of dangerous drug".

7.The defendant came to Hong Kong from the mainland in 1994. He resides with his parents and an elder brother. He started abusing ketamine in 2002 and would spend about $900 per week on drugs.

8.Mr. LEE submitted that although the defendant quitted school after F.2, he has a stable employment history up to December 2009. The defendant has no previous "trafficking" record. He is remorseful and has determined to get rid of his drug addiction. He wants to start afresh after serving his sentence.

9.A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment.

10.The sentencing tariff for trafficking in ketamine is laid down in SJ v HII Siew Cheng [2009] 1 HKLRD 1. For 10 to 50 grammes, the sentence ranges from 4 to 6 years imprisonment. For 47.26 grammes, I adopt a starting point of 5.5 years. One-third discount is given for the guilty plea, reducing the sentence to 3 years and 8 months (44 months). Apart from this, I see no other mitigating factors which warrant any further discount. The sentence I pass is therefore 3 years and 8 months.