HKSAR v. Lam Pak Ning

DCCC1328/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1328 OF 2010

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Reasons for Sentence

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Background

1.The Defendant is convicted upon his own guilty plea on one charge of trafficking in a dangerous drug, namely 187.93 grammes of a powder containing 122.06 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 reveal that:

(i) At about 15:40 pm on 13 October 2010, police officers intercepted the Defendant at Room 1908, 19^th Floor, Cheong Sin House, Upper Wong Tai Sin Estate, Wong Tai Sin, Kowloon;

(ii) Upon search, the police found from the black plastic bag carried by the Defendant a resealable plastic bag containing 14 other plastic bags each containing a powder (collectively “the DD”);

(iii) Under caution, the Defendant admitted that the DD was “K Chai” and that he was delivering the “K Chai” for someone for a reward of HK$1,000;

(iv) The DD was subsequently found to contain 187.93 grammes of a powder containing 122.06 grammes of ketamine.

Defendant’s previous records and antecedents

3.The Defendant has 6 previous convictions, out of which the last 2 were possession of dangerous drugs, one sentenced in September 2008 for a fine of $2,500 and one in May 2010 for 4 months’ imprisonment. The Defendant was released on 24 July 2010 for his last conviction of possession of dangerous drugs. Less than 3 months later, he committed the present offence.

4.The Defendant was born in June 1987 and is now 23 years old. He has received education up to Form 3 level. He has worked as a waiter, a clerk and a deliveryman. He had a car accident in December 2008 and suffered serious neck injury. He ceased work since early 2010. He used to live with his parents, elder sister and grandmother in a public housing estate in Kwun Tong.

Mitigation

5.In mitigation, it was submitted that the Defendant was remorseful. Three letters from the Defendant’s parents and Reverend Dr. Joseph Mok were submitted to this Court asking for leniency.

Sentence

6.The guidelines for trafficking in ketamine were set out in Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1. For trafficking in a quantity of between 50 to 300 grammes of ketamine, the tariff is 6 to 9 years’ imprisonment.

7.As 122.06 grammes of ketamine were involved in the present case, I will adopt a starting point of 6 years and 9 months’ imprisonment. In light of the Defendant’s guilty plea, I will give him the usual 1/3 discount. I do not consider that there are any other valid mitigating factors justifying further reduction in sentence. As such, I sentence the Defendant to 4½ years’ imprisonment.