HKSAR v. Cheung Tsun Ki

DCCC186/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 186 OF 2011

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to an offence of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

2.You have admitted that on 31 December 2010, outside No. 179A Yu Chau Street, Shamshuipo, Kowloon, you unlawfully trafficked in 20.38 grammes of a powder containing 12.76 grammes of ketamine.

3.On the day in question, police officers were carrying out anti-crime duties in the Shamshuipo area.  At about 7.30 pm that day, an officer saw you acting suspiciously outside No. 179 Yu Chau Street.  You were thus intercepted by the officer. 

4.Upon search, nine resealable plastic bags containing the ketamine were found inside your jacket collar.  When the drugs were found, you suddenly said to the officer, “Ah Sir, I helped others to bring the ketamine here for a reward of $300.”

5.You were arrested and cautioned, and under caution, you admitted that a male named “Ah Kai” gave you the ketamine in Mongkok.  “Ah Kai” was to give you $300 to bring the ketamine to somebody in Yu Chau Street.  You told the officer that the value of the ketamine was about $1,500.  The expert police officer estimated the street value of the drugs was in fact about $2,500.

6.At the time of this offence, you were aged 20.  Prior to sentencing you, I called for a Training Centre report.  This is your first brush with the law, but I had indicated to you on the last occasion that despite me calling for the Training Centre report, all options would be open to me upon sentence.

7.I am informed by your solicitor today, Mr Yuen, that the report has been read to you and you agree to the contents of the report. 

8.I have taken into account what your solicitor, Mr Yuen, has said in your mitigation on the last occasion and today when considering my sentence upon you.  I have also taken into account your letter to which you have written to me, expressing your deep remorse.

9.I can see from the Training Centre report that quite unfortunately since you quit school in 2009 you have been mixing with undesirable peers, and unfortunately since 2005 you have dabbled in drugs. Your life has been peppered with going to discos, late nights and drug taking.  You were frank to the rehabilitation officer in the Training Centre that you had last taken drugs just before this hearing, that was cocaine.  For that reason, because of your drug dependency, the medical officer is of the opinion that you are drug-dependant and therefore not suitable for detention in a Training Centre.  Mr Yuen has recognised that as you are not suitable for training in a Training Centre, the only available opinion to me, despite your young age, is one of an immediate sentence of imprisonment.

10.Defendant, the guidelines are clearly set down by the Court of Appeal in Secretary for Justice v Hii Siew Cheng, which your solicitor has indicated to me earlier today.  You fall within the third bracket of 10 to 50 grammes of ketamine, to which a term of imprisonment of between 4 to 6 years’ imprisonment is appropriate had I convicted you after trial.

11.Defendant, you trafficked in 12.76 grammes of ketamine.  Had I convicted you after trial, I would have taken a starting point of 4 years’ imprisonment.  Giving you full credit for your plea of guilty, I reduce that term by one-third and you are sentenced to 2 years and 8 months’ imprisonment.