HKSAR v. Chan Hau Wing

DCCC701/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 701 OF 2011

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Reasons for Sentence

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1.The 1st defendant has pleaded guilty to Charge 1 and Charge 3, both trafficking in a dangerous drug charges, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

2.In Charge 1, the drugs involved was ketamine, namely 13.10 grammes of a powder containing 9.65 grammes of ketamine. 

3.Charge 3 involved 184.62 grammes of a powder containing 128.75 grammes of ketamine. 

4.On 19 April this year, police officers put the 1st  and 2nd defendant under observation in Ngau Au Tsuen, Tung Chung.  They were seen cycling and the 1st defendant was observed entering a village house, whereas the 2nd defendant waited outside.  Some time later they were reunited and cycled away.  Not long after the police officers stopped and searched both defendants. 

5.The 1st defendant was found with drugs in one bag in a pocket, the drugs of Charge 1.  Under caution for trafficking in a dangerous drug he admitted to the police officers that the ketamine was partly for his own consumption and for sale to others to earn money.

6.The 2nd defendant was also found in possession of a much lesser quantity of ketamine which he admitted buying for his own consumption.  He has pleaded guilty to possession of a dangerous drug, Charge 2.

7.At the police station, the 1st defendant further admitted under caution that the village house that he entered was his sister’s and he had hidden more drugs there.  He gave full details to the police leading to a house search sometime later.

8.In the presence of the 1st defendant, the home was searched and a quantity of dangerous drugs relating to Charge 3 was found. In addition, there was an electronic scale, a spoon with traces of ketamine powder and 30 resealable transparent plastic bags. 

9.Under caution the 1st defendant told the police that this was the ketamine he had referred to earlier under caution.

10.The 1st defendant has clearly cooperated fully with the police and his plea of guilty today is his best mitigation.

11.The defendant is 18 years old, has one previous but not similar conviction.  However, he was put on probation, failed to adhere to the probation order and was sentenced to a detention centre order.

12.Mr Tse has mitigated in full on the 1st defendant’s behalf and I have been informed of the 1st defendant’s family background.  His mother died when he was young and his father soon remarried.  You have three siblings, you being the youngest.  Your stepmother and your siblings’ relationship was poor, leading to your father and your stepmother leaving the four of you to live together.  You clearly have not had much parental supervision. 

13.You, yourself have told to the police that you started to dabble in ketamine when you were only 14 years old.  Now you are fully immersed into a drug culture.  You take orders from clients to deliver drugs.      

14.I am sure it has been explained to the defendant by Mr Tse that there are clear guidelines from the Court of Appeal where trafficking ketamine is concerned.  I have referred myself to the authority, Secretary of Justice v Hii Siew Cheng, CAAR7/2006.

15.The guidelines relevant to this defendant are as follows:

1. where 1 to 10 grammes of ketamine is concerned, a 2 to 4 year sentence would be appropriate; and

2. where 50 to 300 grammes of ketamine is concerned, a 6 to 9 year term of imprisonment would be appropriate.

16.I refer to the defendant’s youth, being 18, would normally be a relevant mitigating factor, but where trafficking drugs is concerned, the courts have said time and time again that youth would not be sufficient grounds for the court to consider a more lenient approach.  All that would do is encourage syndicates to recruit more youngsters to deliver and sell drugs.         

17.In this case I find a term of imprisonment would be appropriate for this defendant. 

18.Defendant, please stand up.  I have taken into account all the facts of the case, the quantity of the drugs and all mitigation put forward.

19.For Charge 1, I will take a starting point of 3 years and 6 months.  Because you have pleaded guilty you are entitled to a discount of one-third.  After this discount, for Charge 1, you will be sentenced to 2 years and 4 months’ imprisonment.

20.Charge 3, a significant quantity of drugs, I will take a starting point of 6 years and 6 months’ imprisonment.  You are entitled to a discount of one-third for your plea.  After this discount, for Charge 3, you are sentenced to 4 years and 4 months’ imprisonment.

21.Both Charge 1 and Charge 3 will be served concurrently, that will be a total of 4 years and 4 months sentence.