HKSAR v. Tang Kwok-fai

DCCC 76/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 76 OF 2012

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Before : Deputy District Judge G. Lam

Date : 28 February 2012

Offences: Trafficking in a dangerous drug（販運危險藥物）

REASONS FOR SENTENCE

The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved is ketamine.

2.Shortly after midnight on 3 December 2011, PC 8947 (PW1) and another police officer stopped the defendant outside the Circle K Convenience Store at Chuk Yuen Bus Terminus, Chuk Yuen Estate, Wong Tai Sin for investigation.

3.Upon search, PW1 found 17 plastic bags of suspected dangerous drugs (collectively "E1") in the right rear pocket of the defendant's jeans.  E1 was later found to contain a total of 176.53 grammes of a powder containing 72.60 grammes of ketamine.

4.Under caution, the defendant admitted that E1 contained ketamine.  He claimed he met someone named "Dai Ma" about 2 weeks ago in a park.  The defendant was in need of money and Dai Ma offered him an opportunity to earn quick money.  The defendant agreed to deliver ketamine for Dai Ma in return for a reward of $300.  About 10:00 pm on 2 December 2011, Dai Ma gave E1 to the defendant and asked him to deliver them to the Circle K Convenience Store around 11:00 pm.

5.The defendant is now 20 years old and has a clear record.  He is educated up to Form 5.  Prior to this offence, he was a kitchen worker.  However, he lost his job shortly before his arrest.  Defence lawyer Mr. YEUNG submitted that the defendant has reflected upon his wrongdoing during his remand in custody.  He is remorseful and has decided to reform himself in prison.  A letter written by the defendant has been submitted; its contents are duly noted.

6.Time after time, the court has expressed in very clear terms that being in financial difficulty (however serious) is no mitigating factor for committing a crime.  I cannot stress this enough. Furthermore, a clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment.

7.The sentencing tariff for trafficking in ketamine is laid down in SJ v HII Siew Cheng [2009] 1 HKLRD 1.  For 50 to 300 grammes, the sentence ranges from 6 to 9 years' imprisonment.

8.In this case, the defendant trafficked in a total of 72.60 grammes of ketamine.  I adopt a starting point of 75 months.  One-third discount is given for the guilty plea, reducing the sentence to 50 months.  The defendant is only 20 and has a clear record.  I am prepared to give him a further reduction of 2 months. Apart from this, I see no other mitigating factors which warrant any further discount.  The sentence I pass is therefore 48 months (4 years).