HKSAR v. Choy King Shing

DCCC 27/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 27 OF 2011

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Reasons for Sentence

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Introduction

1.The Defendant is convicted upon his own guilty plea of the charge of trafficking in a dangerous drug, namely 9.93 grammes of ketamine.

2.The facts admitted by the Defendant reveal that:

(i) In the evening on 5^th November 2010, police officers intercepted the Defendant at the lift lobby, 13^th floor, Wang Fai House, Wang Tau Hom Estate, Wang Tau Hom, Kowloon;

(ii) Upon search on the Defendant, police officers found from the Defendant one resealable plastic bag containing a powder (“P1”) and another resealable plastic bag containing 12 smaller resealable plastic bags and a plastic spoon containing traces of a powder;

(iii)Under caution, the Defendant said that the substance found from him was ketamine, that some of the drug would be for his self-consumption and that some would be sold by him;

(iv) It was subsequently found that P1 contained 13.23 grammes of a powder containing 9.93 grammes of ketamine, and that the plastic spoon contained traces of a powder containing ketamine;

(v) The police estimated that the street value of P1 would be about HK$1,856.

The Defendant’s previous record and antecedent

3.The Defendant has 1 spent conviction of possession of dangerous drugs.

4.The Defendant was born in Hong Kong in January 1988. He is now 23 years old. He has received education up to Form 4 level. He had been working as a cook trainee and a cook between 2005 and 2009 but was unemployed since 2009.

Mitigation

5.In mitigation, Ms. Chan for the Defendant submitted inter alia that the Defendant was at the time of the offence unemployed. He wanted to earn some quick money, hence this offence. A letter from the Defendant was submitted asking for leniency.

Sentence

6.The sentencing tariff for trafficking in ketamine has been laid down in Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1. For trafficking in over 1 gram to 10 grammes of ketamine, the starting point is 2 to 4 years’ imprisonment.

7.In light of the Defendant’s allegation that some of the ketamine was for his self-consumption and having considered HKSAR v Wong Suet Hau CACC 366/2000 and HKSAR v Chong Chee Meng CACC 315/2008, I will take into account that a certain proportion of the ketamine was to be for the Defendant’s self consumption but the proportion would be low. Indeed, in mitigation I was informed that the Defendant was unemployed and he committed the present offence because he wanted to earn quick money. In any case, the latent risk factor must not be ignored. Having considered the whole circumstances, I will give him a slightly lower starting point of 45 months’ imprisonment.

8.Giving the Defendant the usual 1/3 discount for his guilty plea, the Defendant is sentenced to 30 months’ imprisonment.