HKSAR v. Cheung Wing-wai

DCCC722/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 722 OF 2010

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Reasons for Sentence

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1.The defendant pleaded guilty to one charge of trafficking in a dangerous drug.

2.The facts he admitted can be summarized as follows.  At around 7.40 pm on 30 April 2010, police officers in plainclothes in Siu Hei Court, Tuen Mun, New Territories, found the defendant and his ex-colleague acting furtively and intercepted them.

3.Upon a body search on the defendant, two transparent plastic bags containing a total of 26.95 grammes of a powder containing 20.55 grammes of ketamine (“E2”) and two transparent plastic bags containing a total of 0.01 grammes of a powder containing ketamine (“E3”) and one electronic scale containing traces of a powder containing ketamine (“E4”) were found on the defendant’s person. 

4.Upon arrest and under caution, the defendant admitted that he intended to sell the ketamine to his ex-colleague and that he intended to use the electronic scale to weigh the drugs and the plastic bags to pack the drugs.  He intended to sell ketamine for money to fund his own consumption of ketamine.

5.The defendant is now aged 25, working as a transportation worker.  He has 5 previous convictions and 2 of which related to drugs, but he has no previous conviction for trafficking.  His family and personal background is unremarkable.  He has submitted his mitigation letter to express his remorse.

6.Trafficking in a dangerous drug is a serious offence.  Defendant, your solicitor was correct in saying that imprisonment is inevitable.  The Court of Appeal has laid down guidelines in sentencing.  In the case of Hii Siew Cheng, for ketamine of a quantity from 10 up to 50 grammes, the imprisonment band is 4 to 6 years.

7.The total quantity of ketamine in this case is about 20 grammes, I use 4½ years as a starting point.  I cannot see any mitigating factors in your case except your plea of guilty for which you will be given a one-third reduction and you are therefore sentenced to 3 years’ imprisonment.