HKSAR v. Wong Chun Ki

DCCC452/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 452 OF 2010

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

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

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

Reasons for Sentence

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

1.Wong Chun-ki, you have been convicted on your own plea of trafficking in 21.49 grammes of a powder containing 7.39 grammes of ketamine and 18.83 grammes of a solid containing 15.58 grammes of cocaine.

2.This charge arises from the police gaining entry to a flat in Tam Kung Road in To Kwa Wan where you were then living on 21 August last year at 1.25 am.  When the police entered the flat, they found the cocaine in question in 60 small bags on a table at which you were sitting.

3.On the table were also an impulse sealer, an electronic scale and two bags containing smaller resealable plastic bags.  You were engaged in sealing a packet of cocaine with the sealer.

4.The ketamine was in 5 bags in a small open tin on the table. 

5.When you were arrested you claimed that the drugs and the associated paraphernalia were yours, but you claimed that the drugs were for your own consumption.  When you were later interviewed by the police, you persisted in this claim that you were simply packaging the drugs into smaller packets for the purpose of your own consumption. 

6.Today through your counsel you have now accepted that all the cocaine was in fact for the purpose of trafficking.  I am prepared to accept for the purposes of sentence that some at least of the ketamine was for your own consumption.

7.You are an adult of 22 years of age and it is not necessary for me to tell you that drug trafficking is a very serious offence indeed.  You must have known that very serious consequences would follow if you were caught. 

8.I am sure that Mr Chan, your counsel, would have told you that the normal starting point for those who traffic in between 10 and 50 grammes of cocaine is a sentence between 5 and 8 years' imprisonment.

9.As far as ketamine is concerned, those who traffic in between 1 and 10 grammes of ketamine can expect a starting point of between 2 and 4 years’ imprisonment. 

10.I bear in mind that in your case although you do have a criminal record you have no previous drug-related conviction.

11.I also bear in mind the letters that I have seen from you and your family.  It is obvious to me that you come from a very caring family whom you have let down badly.  I very much hope that you are sincere when you say that you intend to make a new start in life. 

12.In view of my acceptance that some, if not all, of the ketamine was for your own consumption, I am prepared in this case to take an overall starting point of 5 years' imprisonment.

13.You have pleaded guilty and are entitled to the usual discount of one-third to reflect that plea.  The sentence that I pass is one of 40 months' imprisonment, that is 3 years 4 months.