HKSAR v. Wong Tsz Ching

DCCC 882/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 882 OF 2011

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Reasons for Sentence

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Charge and facts

1.The police executed a search warrant at the Defendant’s flat.  Ketamine in 13 packets was found inside his wardrobe.  Besides, there were 120 transparent resealable plastic bags.  There were 166.73 g of a powder containing 99.31 g of ketamine.  The estimated retail price was $19,507. 

Mitigation put forward

2.The Defendant is now 24 years of age.  He has 3 previous convictions, none of which relates to drugs.  He has started to take ketamine since 7 years ago. 

3.He lives with his wife and parents.  All of them were working to contribute to the household spending.  Two years ago, he lost his job as a decoration worker under his father’s subcontracts.  His savings diminished. Dubious peers suggested trafficking to make an easy, handsome profit.  Stupid enough, he failed to refuse and ended up with the drugs in his wardrobe.  Most of them were for trafficking. 

4.His family members have attended court today.  They write letters in his mitigation.  They portray him as a hardworking man and a caring member of the family. 

Sentencing guidelines

5.The Court of Appeal in Secretary for Justice v Hii Siew Cheng [2007] 1 HKLRD 1 has laid down sentencing guidelines to the effect that trafficking in ketamine of 50 – 300 g shall warrant 6 – 9 years’ imprisonment. 

6.The total weight of ketamine in the present case, 99.31 g, falls within the range of 6 – 9 years’ imprisonment. 

Sentencing this Defendant

7.I take 6 years as the starting point.  I reduce it by one-third due to his plea of guilty.  There are no other mitigating factors.  His sentence is 4 years.