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HKSAR v. Cheung Chun Yuen

Read the full judgment text of DCCC 1003/2011 on BabelCite. This District Court judgment was delivered on 24 October 2011.

1. The defendant pleads guilty to trafficking in 54.82 g of a powder containing 26.03 g of ketamine.  In the late evening on 19 July 2011, the police searched him inside a public toilet in Tsim Sha Tsim.  He had a white cigarette box containing the said drug in 2 bags.  After arrest and caution, he admitted delivery to the toilet for a reward of $1,000.  Its estimated street value was $6,542.

Cites 1 case

Case No.DCCC 1003/2011
Court
District Court
Date24 Oct 2011
Judge—
Case Document
100%Judiciary

DCCC 1003/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1003 OF 2011

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  HKSAR  
  v.  
  CHEUNG CHUN YUEN  

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Before: H.H. Judge E. Yip
Date: 24 October 2011 at 12:00 noon
Present: Mr Bobby CHEUNG Man Kwan, Public Prosecutor, of the Department of Justice, for HKSAR
Mr KARBHARI Jal Nadirshaw, of M/s. Jal N. Karbhari & Co assignedby D.L.A. for Defendant
Offence: Trafficking in a dangerous drug（販運危險藥物）

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Reasons for Sentence

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Charge and facts

1.The defendant pleads guilty to trafficking in 54.82 g of a powder containing 26.03 g of ketamine.  In the late evening on 19 July 2011, the police searched him inside a public toilet in Tsim Sha Tsim.  He had a white cigarette box containing the said drug in 2 bags.  After arrest and caution, he admitted delivery to the toilet for a reward of $1,000.  Its estimated street value was $6,542.

Personal background and mitigation put forward

2.He is 25 years of age, of F. 1 level.  He had a string of criminal records.  Possession records aside, he was once sentenced to 9 months for trafficking.  He was unemployed at the time of arrest.  He last worked as a delivery hand.  His parents had separated.  He committed the present offence whilst on court bail for a possession case in Eastern Law Courts (E/1445/11).  His solicitor accepts it as an aggravating factor in sentence.         

Sentencing guidelines

3.According to Secretary for Justice v Hii Siew Cheng [2007] 1 HKLRD 1, the sentence shall be 4–6 years for 10–50 g of ketamine.  

Sentencing this Defendant

4.I take a starting point of 4½ years.  One-third off for his plea of guilty, the sentence is 3 years as he has no mitigating factors otherwise. 

( E. Yip )
District Judge
Cites 1 case

Cases cited in this judgment

Jiangsu Golden Civil Building Group (Hong Kong) Co Ltd v. Chau Wa Kin
[2007] 1 HKLRD 1
High Court CFI12 Oct 2006