HKSAR v. Lau Yau Cheung

DCCC 728/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 728 OF 2010

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REASONS FOR SENTENCE

1.The defendant pleads guilty to one charge of trafficking in 32.41 grammes of a powder containing 21.16 grammes of ketamine, contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2.In summary at about 21.00 hours on the 29th March this year the police stopped and searched the defendant outside No. 65 Un Chau Street, Sham Shui Po.  The police found four plastic bags containing the ketamine from the right turn up of the defendant’s jeans.    

3.In the Secretary for Justice v HII Siew-cheng [2008] 3 HKC 325 the Court of Appeal laid down guidelines for trafficking in ketamine.  Where the narcotic content is between 10 and 50 grammes sentence after trial falls within the range of 4-6 years imprisonment.  I agree with         Mr Collins that the proper starting point after trial for 21.16 grammes of ketamine is 4 years and 6 months imprisonment.

4.In passing sentence I have carefully considered everything said on behalf of the defendant by Mr Collins.  I am told that the defendant is a ketamine abuser, having taken ketamine for over five years.  The defendant says that one of the packets of ketamine was for his own consumption.  The Government Chemist Certificate shows that 2 packets contained a total of 3.12 grammes of ketamine and 2 bags contained a total of 18.04 grammes of ketamine.  The defendant says one of two smaller packets were for his own consumption. 

5.Although there is no confirmatory evidence that the defendant is a ketamine abuser I am in the circumstances prepared to accept that one of the smaller packets was for his own consumption.  In considering what weight to attach to this fact I have applied the principles in HKSAR v WONG Suet-hau [2002] 1 HKLRD 69. 

6.I take into account the defendant has a clear record.  Together with the fact a small part of the drugs were for his own consumption I reduce the starting point to 4 years and 3 months imprisonment. Giving the defendant full credit for his plea of guilty he is sentenced to 2 years and 10 months imprisonment.