HKSAR v. Tam Kok Kei

DCCC 156/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 156 OF 2011

-----------------------

--------------------------

Reasons for Sentence

--------------------------

Charge and facts

1.The defendant pleads guilty to trafficking in a dangerous drug.  In the afternoon of 23 December 2010, the police stopped and searched him on Nelson Street, Mongkok.  In his trouser pocket were 3 plastic bags containing a total of 87.05 grammes of a powder containing 68.45 grammes of ketamine.  After arrest and caution he admitted trafficking.   

Personal background and mitigation

2.He is 29 years old, of F. 2 education level.  He last worked as a casual restaurant worker before losing the job.  He committed the present offence to make both ends meet.  He has a string of convictions but none for trafficking. 

Sentencing guidelines for ketamine trafficking

3.The Court of Appeal in Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1 has laid down sentencing guidelines for trafficking in ketamine.  A quantity of 50 – 300 grammes shall warrant 6 – 9 years’ imprisonment.

Sentencing this Defendant

4.The drug in question falls within the band of 6 – 9 years.  I take a starting point of 6 years.  The plea of guilty merits a one-third discount.  There are no other mitigating factors.  The sentence is 4 years.