HKSAR v. So Choi-ming, Phoebe

DCCC180/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 180 OF 2012

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a charge of trafficking in 22.38 grammes of ketamine.

2.The facts surrounding the commission of the offence are that on 21 December 2011 police officers were on patrol in Humphreys Avenue, Tsim Sha Tsui.  At around 2355 hours when they saw you on that road walking furtively, the officers were suspicious.  They stopped you and when they searched a black bag you were carrying, they found the drugs, the subject of the charge.

3.You told the police that a friend called “Fat Jai” had told you to deliver them to Prat Avenue. 

4.The street value of the drugs was over $7,600.

5.At the time of your arrest, you were in possession of a mobile phone, nine SIM cards and over $2,400 in cash.

6.You have two previous convictions.  In April of 2009 for possession of dangerous drugs, you were fined $3,000.  Later that year, in July of 2009 for theft, you were sent to the drug addiction treatment centre.  To be sent there, there must have been a finding that you were addicted to drugs and you were released from there the following year.

7.I am told in mitigation that you are now only 20 years of age.  You were 19 at the time of the offence.  You quitted school after completing Form 1 education, and you lived together with your mother who works as a cleaner and your elder sister who is a student.  You have worked as a hairdressing saloon assistant earning some four to five thousand dollars per month, and together with your mother’s income, that makes the family income a total of 10,000 per month.  You contribute to the family and you also help to support your elder sister.

8.I am told that your father died last year shortly before the commission of this offence.  I am told that you are now very remorseful for your involvement in this matter.  You have been in custody for 4 months.  I have an impressive letter from your mother asking for leniency.  She describes you as being a dutiful daughter who has contributed to the family income and she promises to take care of you in future.

9.The offence to which you have pleaded guilty is a very serious offence.  You were trafficking in a considerable quantity of ketamine and the Court of Appeal had said that for persons found trafficking in that quantity, the tariff sentence should be between 4 and 6 years’ imprisonment.  That is for those trafficking between 10 and 50 grammes.  You were trafficking in 22.38 grammes. 

10.Despite your young age, you have been before the court on two previous occasions and you previously have been sent to the drug addiction treatment centre.  While serving your period of detention in that centre, it must have been made quite clear to you what happens  to those who traffic in dangerous drugs. 

11.Trafficking in dangerous drugs causes enormous social problems in Hong Kong especially amongst the young, and you must be aware of that given your record.  Yet notwithstanding that, you chose to traffic in this considerable quantity of drugs. 

12.Young age is not an excuse in cases such as this.  I take a starting point of 4½ years for the offence and reduce that by one-third to reflect your guilty plea.  You will go to prison for 3 years.