HKSAR v. Wan Wai Kei

DCCC1389/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1389 OF 2010

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Reasons for Sentence

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1.You have pleaded guilty to one count of trafficking in dangerous drugs. Facts revealed that, on 26 October last year, a police party conducted a raid in your premises. Police found altogether 37 small plastic bags of drugs, which were later confirmed to be 16.02 grammes of a powder containing 7.94 grammes of ketamine. You admitted that you would share some of these drugs with others, and the others would pay you.

2.As rightly pointed out by your counsel, there is clear guideline for this kind of offence, and in this case the term of imprisonment should be somewhere between 2 and 4 years. Your counsel, in mitigation, pointed out that for the drugs found in the premises, most of them were for your own consumption, while you only prepared to share a small portion of it with others. Be that as it may, you are still trafficking.

3.Your counsel also urged this court to consider asking for a DATC report. However, as pointed out by the appellate court, a court should consider a term of imprisonment for this kind of offence unless special circumstances warrant a different treatment. I see no special circumstances in this case. Therefore, asking for a DATC report is not appropriate.

4.In sentencing you, I will take into account your plea of guilty and the mitigation put forward by your counsel. I will take 3 years as the starting point. Because of your plea I reduce it to 2 years.