HKSAR v. Lo Kwok Ho

DCCC1261/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1261 OF 2010

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Reasons for Sentence

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1.The Defendant is convicted on his own guilty plea of one charge of trafficking in a dangerous drug, namely 202.27 grammes of a powder containing 75.67 grammes of ketamine.

2.The Summary of Facts reveals that:

(i) At about 10:50 pm on 8 September 2010, PC 4561 intercepted the Defendant when the Defendant was leaving the premises at 2^nd Floor, No.54A, Wang Toi Shan Lo Uk Tsuen, Pat Heung, New Territories.

(ii) Upon search of the premises, the police found a plastic bag containing white powder (the “DD”), a spoon, an electronic scale, two needles and a considerable amount of resealable plastic bags.

(iii) Under caution, the Defendant said, inter alia, that he sold ketamine to customers.

(iv) The DD was found to contain a total of 202.27 grammes of a powder containing 75.67 grammes of ketamine.

3.The Defendant has a clear record. He was born in April 1988 and is now 22 years old. He has received education up to Form 7 level. He was unemployed at the time of his arrest. He is married with a 3-month-old son.

4.In mitigation, Mr. Law on behalf of the Defendant informed me that:

(i) The Defendant had married for a year;

(ii) At the time of arrest, his son was only 1 month old;

(iii) He used to be a junior decoration worker and part-time sales, but at the time of arrest he was unemployed;

(iv) Following his arrest and sentence, his wife would have financial difficulties to support herself and their baby son;

(v) He was co-operative with the police upon arrest and he pleaded guilty to the charge; and

(vi) He had a clear record.

Three letters respectively from the Defendant’s parents and wife were submitted to this Court asking for leniency.

5.The sentencing guidelines for trafficking in ketamine have been set out in Secretary for Justice v Hii Siew Cheng CAAR 7/2006 and CACC 126/2007. For trafficking in ketamine between 50 to 300 grammes, the starting point after trial is 6 to 9 years’ imprisonment.

6.I do not consider the Defendant’s financial difficulties a valid mitigating factor. Whilst I have full sympathy towards his new born son for not being able to be brought up with the Defendant around, that is not a valid mitigating factor either. Rather, in light of his new born baby, the Defendant should have desisted from committing the present offence.

7.75.67 grammes of ketamine were involved in the present case. I will adopt a starting point of 6 years’ imprisonment. I will give the Defendant 1/3 discount for his guilty plea. His lack of previous conviction is subsumed in the 1/3 discount given for his guilty plea. There being no other valid mitigating factors justifying further reduction in sentence, the Defendant is sentenced to 4 years’ imprisonment.