HKSAR v. Lau Po Wing

DCCC 1288/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1288 OF 2010

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REASONS FOR SENTENCE

1.The defendant pleads guilty to one charge of trafficking in 11.15 grammes of a powder containing 9.29 grammes of ketamine, contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2.In summary around 22:00 hours on the 15th August the police executed a search warrant when the defendant’s mother returned to their home in Wang Tau Estate. The defendant was at home at the time.  The police found a plastic spoon and electronic balance on top of a wooden box, which was placed on the defendant’s bed.  Inside the box was a resealable plastic bag containing the ketamine together with 20 further bags.  Under caution the defendant admitted the ketamine belonged to him and that he consumed some and sold some. 

3.In passing sentence I have carefully considered everything said on behalf of the defendant by Mr Cheng, together with the letters submitted by the defendant and his girlfriend explaining the reasons leading to the defendant trafficking in dangerous drugs. 

4.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 1 gramme and 10 grammes sentence after trial falls within the range of 2-4 years imprisonment.  I am satisfied the proper starting point after trial for 9.29 grammes of ketamine is 4 years imprisonment.

5.I am told that the defendant is a ketamine addict and that some of the ketamine was for his own consumption as he told the police on arrest.  Taking into account the defendant has a history of drug abuse as shown by his conviction in 2004 for possession of dangerous drugs I am prepared to accept some of the ketamine was for his own consumption.

6.In deciding how much weight should be attached to the fact some of the ketamine was for the defendant’s consumption I have considered the decision in HKSAR v. WONG Suet-hau [2002] 1 HKLRD 69, in particular paragraphs 33 and 34.  I am satisfied a reduction of 6 months imprisonment to one of 3 years and 6 months imprisonment is appropriate.  Giving the defendant full credit for his plea of guilty he is sentenced to 2 years and 4 months imprisonment.