HKSAR v. Lee Lap Yin

DCCC802/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 802 OF 2011

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Reasons for Sentence

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1.The defendant pleaded guilty to a charge of trafficking in dangerous drugs. The drugs concerned are 33.69 grammes of ketamine.

2.The facts admitted by the defendant disclose that acting on information, a team of police officers were on duty in the vicinity of a roundabout outside Wah Yin House, Wai Kwai Estate, Aberdeen, on 14 June. At 11.38 pm on that night the officers saw the defendant and a young male on board a taxi and the taxi was approaching a roundabout near to where the officers were on duty.  The officers were suspicious because of the behaviour of the two youths in the back of the taxi. 

3.The officers stopped the taxi and the defendant was searched.  In the front right pocket of his trousers the police found five plastic bags containing the drugs the subject of the charge.  The defendant was in possession of $14 cash and two mobile phones.  Nothing suspicious was found in his residence.

4.The street value of the drugs is about $5,876.

5.The defendant is 16 years of age and has a clear record.  He is at secondary school in Form 2.  His parents were divorced some 2 years ago and he lives with his mother.  He has no history of drug addiction and he committed this offence for monetary reward.  He was promised $200 for carrying out this offence.

6.The guidelines laid down by the Court of Appeal for sentencing in cases such as this provide that for quantities of between 10 to 50 grammes the appropriate sentence is 4 to 6 years’ imprisonment.  The quantity in this case is 33.69 grammes and that would normally attract a sentence starting point of 5 years’ imprisonment.

7.I can only depart from those guidelines if there are exceptional circumstances.  The clear record and the age of the defendant are not exceptional circumstances for these purposes. 

8.The reason why the Court of Appeal have laid down these guidelines are that trafficking in ketamine has become a major problem in Hong Kong.  Ketamine appears to be the drug of choice among many young people in Hong Kong.  The people who arrange the traffickers seem to target young persons to do the trafficking.  In an attempt to alleviate this social problem the court have asserted that strong deterrent sentences must be passed for offences of this kind, and as I have told you and you no doubt have been told by your counsel, the usual starting point for this quantity of drugs is 5 years’ imprisonment.

9.Having considered all the facts in this case, I propose to take a starting point at the lower end of the sentencing range band. I propose to take a starting point of 4 years’ imprisonment and reduce that by one-third to reflect the guilty plea of the defendant.

10.The defendant will therefore go to prison for 32 months.