HKSAR v. Ip Chun Kit

DCCC774/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 774 OF 2010

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Reasons for Sentence

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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 revealed that in the evening of 24 May 2010, he was stopped by a police officer for enquiry as he was acting furtively at the time. Upon search,18 plastic bags containing the ketamine in question, that is 32.17 grammes of a powder containing 26.05 grammes of ketamine, was found inside his left sock. Under caution, the defendant admitted that he intended to sell the drug in order to earn some money.

3.The defendant is aged 21 years and 10 months. He has a clear record. After finishing Form 5, he worked in a small canteen, earning about $7,000 per month. At the time of his arrest, he was unemployed. The defendant has a broken family, and he lives with his father and younger brother, contributing $2,000 per month to the family expenses.

4.In mitigation, it was said that the defendant was influenced by his dubious peers, and he therefore got himself engaged in the drug trafficking business. The defendant, it was said, is truly remorseful and is determined to turn over a new leaf. A lenient sentence is therefore sought.

5.In the Secretary for Justice v Hii Siew Cheng & Anor. [2009] 1 HKLRD 1, the Court of Appeal laid down the tariffs for trafficking in ketamine. For trafficking 10 to 50 grammes of ketamine, a term of imprisonment of between 4 to 6 years is called for.

6.In the instant case, the ketamine involved is 26.05 grammes. For this quantity, I consider a starting point of 4 years and 9 months, that is 57 months, to be appropriate. The court has said time and again that there is a need for deterrence when dealing with offences like trafficking in a dangerous drug, and that age and clear record carry little weight in mitigation.

7.In the present case, the matters urged upon me cannot detract from the fact that a deterrent sentence is called for as our society needs to get the message that trafficking in a dangerous drug is a very serious offence. The only mitigation which is of use here is the defendant’s plea, and for that, he will be given a one-third discount.

8.Therefore the starting point of 57 months will be reduced to a term of 38 months. This is the sentence the defendant is going to serve in respect of the charge of trafficking in a dangerous drug.

9.Defendant, stand up. You are therefore to serve a term of 38 months’ imprisonment.