HKSAR v. Yung Wai Man and Another

DCCC867/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 867 OF 2010

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Before: Deputy District Judge A Yuen

Date: 31 January 2011 at 10.33 am

Offence:  (1) & (2) Trafficking in a dangerous drug (販運危險藥物)

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Reasons for Sentence

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1.Each of you pleaded guilty to one count of trafficking in dangerous drugs. Facts revealed that on 2 June last year, at around 7.18 pm, D1 was stopped and searched by police outside her premises, and a plastic bag containing 0.49 grammes of crystalline solid, containing 0.47 grammes of methamphetamine hydrochloride was found in D1’s possession. Under caution, D1 admitted delivering the bag of “Ice” for her boyfriend to someone else.

2.At around 7.27 pm police entered D1’s premises and found D2 inside.  Police searched the premises and found inside a plastic box containing 107.11 grammes of a powder containing 11.43 grammes of ketamine, 4.03 grammes of solids containing 3.43 grammes of cocaine, 0.57 grammes of a crystalline solid containing 0.55 grammes of methamphetamine hydrochloride, and 376 tablets containing 2.37 grammes of nimetazepam.

3.Under caution D2 admitted these drugs belonged to him, and he delivered drugs for another person for a reward of about $400 to $500 per day.  The appellate courts already laid down clear guideline for this kind of offence.  The strongest mitigating factor in this case is your plea of guilty. 

4.In sentencing D1, counsel for D1 rightly pointed out that the starting point is 3 to 7 years, and in this case it is appropriate to take the lower end of the scale as the starting point.  I therefore take 3 years as the starting point.  Because of your plea I reduce it to 2 years. 

5.In sentencing D2, it is a case involving different types of dangerous drugs.  I will take a combined approach, as suggested in the case of HKSAR v Ko Ka Hing(?), CACC355/2008. 

6.In the present case, 11.43 grammes of ketamine alone will attract a starting point of 4 years.  3.43 grammes of cocaine alone will attract a starting point of 2 to 3 years.  0.55 grammes of “Ice” alone also will attract a starting point of 3 years.  And, finally, these 2.37 grammes of nimetazepam will not increase the term of imprisonment much in this case.

7.Adopting a totality principle I will therefore take 6 years as a starting point, and because of D2’s plea I will reduce it to 4 years.