HKSAR v. Ng Wing Cheung

DCCC823/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 823 OF 2011

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Reasons for Sentence

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1.Defendant, you pleaded guilty to one offence of trafficking in dangerous drugs and one offence of possession of dangerous drugs, contrary to sections 4(1)(a) and (3) and sections 8(1)(a) and 2 of the Dangerous Drugs Ordinance, Cap.134 respectively.

2.Briefly, the facts are as follows.

3.At around 7.25 pm on 11 May last, police officers saw you come out from Room 1,  Flat F, 1st Floor of No.53-73 Tai Loong Street, Kwai Chung.  You were intercepted and the flat searched in the authority of a search warrant.

4.On a desk in the flat, the police found the following:

(a) 18 resealable plastic bags containing powder which subsequently analysis showed to be 53.37 grammes of a powder containing 34.31 grammes of ketamine;

(b) 192 transparent plastic bags; and

(c) an iron box containing two transparent plastic bags containing cannabis (subsequent analysis showed this to be 3.74 grammes of cannabis in one bag) and 17.79 grammes of a powder that contained no contraband substance.

5.Under arrest and caution, you admitted the ketamine was to be sold, but the cannabis was for self-consumption.

6.In the subsequent video recorded interview under caution, you admitted that you were the sole tenant and key-holder of the flat. The ketamine was to be sold, but the cannabis was for self-consumption.  You had bought the ketamine for $3,000 that day and the cannabis for $600 that day from a male.  You agreed to sell the ketamine when called upon to do so by that male and you planned to mix it with sugar.

7.The estimated street value of the ketamine was $6,030 and the cannabis $497.

8.You admitted to five previous convictions on two occasions, one of which was similar.

9.On your behalf, Mr Lo entered mitigation.

10.He told me that you are 37 years of age, divorced,  now unemployed, and you have care of two teenage daughters.  You also have to take care of your mother who is 67 years of age and suffers from various illnesses.

11.I am told that the trafficking in dangerous drugs arose because you lost your job with PCCW and had to care for the family. Previously you had earned approximately $10,000 a month as a technician.

12.Mr Lo produced and referred me to various letters that had been sent in support.  These letters came from your mother, your daughter, yourself and a priest at Lai Chi Kok.  I am told that you are remorseful, that you are resolved to commit no further offences.

13.Mr Lo said that from the outset you had been co-operative with the authorities and you have pleaded guilty at the first available opportunity.

14.I turn now to the sentence.

15.You have been convicted of trafficking in just under 35 grammes of ketamine, which comes within the range of 4 to 6 years’ imprisonment.

16.The possession of the minor amount of cannabis for your own consumption is a relatively trivial matter.  That is, trivial compared to the trafficking offence.

17.There are various points in your favour.

(a) The first is that you were entirely co-operative with the police upon arrest;

(b) you present as a good father and a good family man;

(c) you have a relatively light criminal record; and

(d) I accept that the reason you committed the offence - while I cannot condone, it does explain what took place - was that you needed to look after your family.

18.To reflect the mitigation, I resolve to take a slightly lesser starting point on the trafficking offence than I would usually have done so.

19.Therefore, on the 1st charge, I take as a starting point 54 months (4½ years) reduced to 36 months (3 years) for your plea of guilty, and on the possession of cannabis, a starting point of 6 weeks’ imprisonment, reduced to 4 weeks for your plea of guilty.

20.These will be served concurrently.

21.That is a total of 3 years’ imprisonment.