HKSAR v. Chan Lit Fu

DCCC69/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 69 OF 2010

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

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

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

Reasons for Sentence

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

1.Defendant, you are convicted of simple possession of dangerous drugs, contrary to section 8 of the Dangerous Drugs Ordinance, Cap.134, having denied the more serious offence of trafficking.

2.You had indicated from the outset that you were willing to plead guilty to possession. 

3.On the last occasion, I dealt fully with the facts.  I do not intend to repeat them.  To put matters very simply, you were found in possession of four pockets of dangerous drugs which later analysis showed to be 28.54 grammes of powder containing 23.63 grammes of ketamine.

4.You admitted to three previous convictions, two of which were similar.  On one previous occasion, you have been to DATC.

5.Given the nature of the offence, I adjourned the case for the preparation of a DATC report, which is now before the court.

6.I note that you are considered to be a drug dependant and that DATC is recommended.

7.On your behalf, Mr Khosa entered mitigation.  He told me that you accepted the contents of the DATC report and urged me to follow that recommendation.

8.He told me that you are remorseful and it is your wish to break the habit. 

9.Realistically, Mr Khosa acknowledged the large amount of ketamine involved, but submitted to me the case of HKSAR v Chan Chuen Lai, DCCC1018/2009, where for a similar amount of ketamine, a man of similar age but which would seem to be of worse record, was sentenced to DATC by my colleague.

10.Ms Chan on behalf of the prosecution chose not to put any contrary authorities before the court.

11.I turn now to the sentence.

12.The case does involve a substantial amount of ketamine, just over 23 grammes.  However, I do note from the outset that you were willing to plead guilty to the offence of simple possession.

13.I note also that there is a positive recommendation in favour of DATC and that you, yourself, express a wish to rehabilitate.

14.Whilst you are not young man, you are still in your 20s and the prospect of rehabilitation cannot be ignored.  Indeed, that is in the public interest.

15.Taking all factors into account, including the contents of the DATC report, I do intend to err on the side of mercy.

16.I therefore make a DATC order.  The conviction is recorded.