HKSAR v. Chan Ka Lok

DCCC1054/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1054 OF 2011

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a single charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134, Laws of Hong Kong, in that on 3 August of this year, at the ground floor outside No.1 Lai Chi Kok Road, Mongkok, you unlawfully trafficked in 17.99 grammes of a powder containing 8.8 grammes of ketamine.

2.The Summary of Facts which you have agreed quite simply establish that on the day in question you were seen outside McDonald’s acting suspiciously by police.  You were intercepted and a metal box containing the ketamine was found in your right hand.        

3.You were arrested and under caution you told the police that you had just bought the K Chai for $800 and intended to sell it to others for a profit.    

4.You are 25 years of age now, and whilst you do have a number of previous convictions, this is your first conviction for a drug-related offence.    

5.I am told that you have had a very unhappy and unfortunate childhood, which is why you have led a life of criminal activity up to the present time. 

6.I am also told that you wish to draw a line under all this, and after completing your sentence wish to involve yourself in social or volunteer work.  I certainly commend you for this and would encourage it and I hope that you are sincere in it. 

7.You have spent the last 10 years of your life committing crime, resulting in your being sent to Detention Centre, Training Centre and prison.  I am sure that by now you realise and understand that this is a complete waste.  Once again you appear before the court in relation to an offence of trafficking in ketamine.  I have no choice but to send you to prison again.    

8.The sentencing guidelines for trafficking between 1 to 10 grammes of ketamine range between 2 to 4 years’ imprisonment. Here, the court is dealing with 8.8 grammes, close to the top limit of 10 grammes.   

9.I adopt as my starting point 3½ years’ imprisonment.  I will discount this by 14 months to take account of your plea of guilty, coming to 28 months’ imprisonment.