HKSAR v. Chan Wing Tim

DCCC894/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 894 OF 2011

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Reasons for Sentence

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1.The defendant has pleaded guilty to a charge of trafficking in 9.3 grammes of ketamine and 20.66 grammes of cocaine.

2.The defendant was arrested during a stop and search operation conducted by police officers at 9.40 pm on 7 June 2011 in the lobby of the Sun Kong Hotel in Yuen Long.  The defendant and another male were acting suspiciously therein and they were intercepted.

3.The defendant was registered as the tenant of one of the rooms of the hotel and the officers searched the room.  On a desk they found two plastic bags containing the ketamine referred to in the charge and the defendant admitted that he intended to sell those drugs.  At that stage, the defendant admitted that there was some cocaine stored in the ceiling inside the washroom and the officers recovered the cocaine from there. 

4.In addition to the drugs, the officers recovered drugs paraphernalia including 25 small resealable plastic bags, another bag containing 97 resealable plastic bags, three electric scales, scissors, plastic straws, two mobile phones, a notebook, and over $7,000 in cash.

5.In an interview the defendant admitted that he had gone to the room on 5 June for the purpose of packing the drugs there and selling them.  He said he had bought the drugs the day before his arrest for just over $13,000, he jotted down the transactions, and part of the cash found in his room was the proceeds of selling dangerous drugs.

6.The defendant has five previous court appearances but one of them was subsequent to his arrest on this matter.  His last two recorded convictions were in August 2009 and June 2011, both for possession of drugs, and on each occasion he was sent to the Drug Addiction Treatment Centre and he is currently there at the moment.

7.The defendant is aged 20, he is educated to Form 2, he is a drug addict, he is single, he lives at home, and he was working in sales earning $7,000 per month before his arrest.  I was told that he contributed most of that to his family.

8.The defendant has been convicted of drugs offences previously so he knows what the consequences are of being convicted of trafficking.  With regards to the ketamine, the appropriate sentence would be in the region of 4 years’ imprisonment.  As regards the cocaine, the appropriate sentence would be 5 years and 9 months.

9.I have been referred to the case of HKSAR v Ho Chi Shing, CACC216/2008.  It is appropriate for the courts that case says for the sentencing judge to take into account the individual drugs concerned where they are separately packed and for separate sales, and then I should consider the overall appropriate sentence.

10.Having taken into account all the features of the case that have been urged upon me in mitigation and the quantities of drugs involved, I have decided that the appropriate starting point in this case would be a sentence of 6½ years. 

11.The defendant is entitled for that to be reduced because he pleaded guilty and co-operated with the police.  The sentence will be therefore one of 4 years and 4 months’ imprisonment.