HKSAR v. Cheng Man Chun

DCCC 933/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 933 OF 2010

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Reasons for Sentence

1.The defendant has pleaded guilty before me to one charge of trafficking in a dangerous drug, namely 43.06 grammes of a powder containing 27.55 grammes of ketamine, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.

2.The facts admitted by the defendant revealed that at about 6 p.m. on 6^th June, 2010, he was stopped by 2 police officers for enquiry as he was seen acting furtively at the time. Upon search, one transparent resealable plastic bag containing four transparent plastic bags containing the ketamine in question was found from the left front pocket of the shorts that he was wearing. Under caution, the defendant admitted that he lacked money and was helping someone to deliver the ‘k-chai’ for money.

3.The defendant is aged 24 years.  He left school after Form 2 and joined the work-force.  He worked at various jobs, and between 2007 and 2009, worked as a waiter for Turbo-Jet, on their ferries travelling between Hong Kong and Macau, and earned $12,000 a month.  He was laid off and was unable to find work, and worked at casual jobs.  Because of insufficient money as he had to support the family, he ran up credit card debt, and was tempted to earn some quick money by delivering drugs.

4.In mitigation, it was said that the defendant is truly remorseful and is determined to turn over a new leaf.  A lenient sentence is therefore sought.  The Defendant himself has written a letter to express his remorse.  His parents, although divorced for many years, are both in Court today to show their support for the Defendant.

5.This is not the defendant’s first conviction.  He has one previous conviction in 2007 for trafficking and possession of dangerous drugs, for which he was placed on probation. I am told that soon after his arrest for the present offence, whilst on bail, he was arrested again for the offence of trafficking in dangerous drugs.  He is due to appear in Kowloon City Magistracy on 5^th November, 2010 in respect of that matter.

6.Save for his plea of guilty, there is really little else in mitigation before me.

7.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.

8.In the instant case, the ketamine involved is 27.55 grammes. For this quantity, I consider a starting point of 5 years, that is 60 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 young age carries little weight in mitigation.

9.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.

10.Therefore the starting point of 60 months will be reduced to a term of 40 months.  The defendant is sentenced to 40 months’ imprisonment.