HKSAR v. Ng Tsz Yin

DCCC 478/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 478 OF 2011

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Reasons for Sentence

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Charges and facts

1.The Defendant pleads guilty to trafficking in a dangerous drug and assaulting a police officer in execution of duty.  On the evening of 11 March 2011, he was in a car with a male.  When a police officer intercepted the male, the male put up a struggle, which was assisted by the Defendant.  The Defendant grasped the police officer’s neck from behind.  The police eventually arrested them after a chase.

2.He was found to have 3 bags of powder containing a total of 40.39 g of a powder containing 30.06 g of ketamine in the pocket of his jacket.  Under caution he admitted he was to deliver the ketamine and he was trying to help the male to get away, so he assaulted the police officer. 

3.The police officer suffered tenderness on the neck and upper back.  Two days’ sick leave was granted. 

4.The estimated street value of the ketamine was over HK$4,500.   

Personal background and mitigation

5.His solicitor’s mitigation includes the fact that he is now 23 years old.  He has a clear record.  He was educated up to F. 5.  He lives with his parents.  He held 2 jobs before arrest.  His income was $11,000.  He committed the offence to earn quick money.  He was promised to be paid $600 for successful delivery to Siu Sai Wan.  He had not got the money as a result of the arrest.

Sentencing guidelines

6.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.  The sentence is 4 – 6 years for narcotic weight of 10 – 50 g.  

Sentencing this Defendant

7.Taking into account the circumstances of the offences and his solicitor’s entire mitigation, for Charge 1, I sentence him to 2½ years and for Charge 2, I sentence him to 2 months.  I apply totality to order them to be fully concurrent.  The overall sentence is 2½ years.