HKSAR v. Li Ho Yuen

DCCC 1185/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1185 OF 2011

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Reasons for Sentence

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Charge and facts

1.The Defendant pleads guilty to trafficking in a dangerous drug.  In the small hours on 26 August 2011 outside a public housing block, the police found him suspicious.  He was holding a paper-packed drink inserted with a plastic straw.  It contained 4 resealable bags of ketamine in powder form.  The narcotic weight was 36.83 g. 

2.After arrest and caution, he said the ketamine was for self-consumption, not for sale.  He was with $102 cash and a mobile phone.  The estimated street value was around $5,800. 

Personal background and mitigation

3.He is 21 years of age.  He had become addicted to drugs since 2007. Since last released from Drug Addiction Treatment Centre in January 2011, he had been on a tight budget.  Before and at the time of arrest, he had been a self-employed decoration worker but there was often little or no work in hand. He has still to repay borrowings of over $60,000 to the loan shark. 

4.His father had died when he was an infant.  His mother is a fishmonger. His 3 elder sisters are all working.  There are mitigating letters from the Defendant himself, his elder sister and his social worker.  They are supportive of his reformation. 

5.His solicitor informs me that whilst a portion of the drug was for trafficking, that portion could not be predetermined with much precision as the Defendant would have quite a volatile binge at times.     

Sentence considerations for trafficking in ketamine

6.The Court of Appeal in Secretary for Justice v. Hii Siew Cheng [2009] 1 HKLRD 1 had laid down sentencing guidelines for trafficking in ketamine.  For 10 to 50 grammes, the sentence shall be 4 to 6 years’ imprisonment.

7.His solicitor refers to the case of HKSAR v. Wan Kam-tim DCCC 818/2011.  The defendant there trafficked in over 42 g of ketamine.  The estimated street value was around $5,500.  It was accepted that an unspecified portion was for self-consumption.  He had a recent record for trafficking but the judge expressly dismissed it as indicative of recidivism.  The judge took a starting point of 5 years. 

Sentencing this Defendant

8.I take a starting point of 5 years.  I reduce it by one-third for his plea of guilty.  There are no other mitigating factors.  His sentence is 3 years and 4 months.