HKSAR v. Tsang Chi Chung

DCCC984/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 984 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.

2.About 6:40 pm on 20 July 2010, PC 33969 (PW1) stopped the defendant outside Shop No.E4, Ground Floor, Tsuen Wan Centre Phase 2 Shopping Centre for enquiry. Upon search, PW1 found a plastic bag (E1) containing suspected dangerous drugs in the defendant's left rear trouser pocket. Under caution, the defendant admitted that E1 contained ketamine and that he was delivering it to Tsuen Wan for a reward of $200. He did so in order to make some money.

3.A Government Chemist subsequently confirmed that E1 contained 26.96 grammes of a powder containing 21.89 grammes of ketamine.

4.The defendant is now 17 years old and has a clear record. He has just completed Form 5 and was accepted by The HKU SPACE Po Leung Kuk Community College to read for a Higher Diploma in Sports and Recreation Management. Due to the present offence, he could not start the course. The defendant resides with his parents and a younger brother. His school reports and the letter from his former principal reveal that the defendant was a well-behaved student at school. Mr. TSANG submitted that someone at a video games centre offered the defendant $200 to carry the ketamine from Mongkok to Tsuen Wan. The defendant was in need of money, so he foolishly agreed to do so.

5.I am well aware of the defendant's age and his need for rehabilitation; however, a clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers (including those at the end of their teenage years) would be punished by long-term imprisonment; or otherwise, teenagers may be easily lured into trafficking by drug dealers. In any event, the defendant will turn 18 in 2 months' time. His rehabilitation needs such as studying and job-training could also be met in prison.

6.According to section 109A(1A) of the Criminal Procedure Ordinance (Cap.221) and owing to the seriousness of this case, I take the view that despite his age, it is unnecessary to obtain any pre-sentencing reports for the defendant. The only available sentencing option in this case is immediate imprisonment.

7.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.

8.A total of 21.89 grammes of ketamine are involved in the present case. Hence, I adopt a starting point of 4.5 years. One-third discount is given for the guilty plea, reducing the sentence to 3 years. I will give some credit for the defendant's young age and clear record by further reducing the sentence by 3 months. The sentence I pass is 2 years and 9 months imprisonment.