HKSAR v. Kong Chun-fung

DCCC 394/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 394 OF 2012

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REASONS FOR SENTENCE

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

2.About 11:20 p.m. on 5 February 2012, PC 59098 (PW1) saw the defendant and a female outside the handicap toilet on Ground Floor of the Tsuen Wan Multi-Storey Carpark Building (the "Carpark").

3.The defendant was holding a paper bag in his right hand.   PW1 and another police officer stopped the defendant and the female for investigation.  PW1 searched the defendant and found 4 plastic bags of suspected dangerous drugs (collectively "Exhibit 1") in the paper bag held by the defendant.  Exhibit 1 was later found to contain a total of 53.63 grammes of a powder containing 28.56 grammes of ketamine.

4.Under caution, the defendant admitted that Exhibit 1 contained ketamine.  He purchased Exhibit 1 at the price of $3,400 from a friend in Sham Shui Po about 10:00 p.m. in the same evening.  After the purchase, he took a taxi to Tsing Yi to pick up a female, and then they took the same taxi to the Carpark.  Exhibit 1 was for his own consumption.

5.In his video recorded interview, the defendant further admitted that he worked as a transportation worker earning about $11,000 per month.  The quantity in Exhibit 1 could last him 8 to 9 days.

6.The defendant now admits that he possessed Exhibit 1 for the purpose of trafficking.

7.The defendant is now 22 years old.  He has 3 previous conviction records involving 2 copyright offences and 2 offences of "simple possession".  He is educated up to Form 4.  Prior to his arrest, he worked as a delivery worker earning $11,000 per month.  The defendant first experienced ketamine at the age of 15 and then became addicted. He had served time in a Drug Addiction Treatment Centre and was released in October 2011.  Defence lawyer Mr. CHUI submitted that the defendant is remorseful; he was cooperative with the Police throughout and has made full and frank admissions.

8.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.

9.The sentencing tariff for trafficking in ketamine is laid down in SJ v HII Siew Cheng [2009] 1 HKLRD 1.  For 10 to 50 grammes, the sentence ranges from 4 to 6 years' imprisonment.

10.In this case, the defendant trafficked in a total of 28.56 grammes of ketamine.  I adopt a starting point of 4.5 years.  A one-third discount is given for the guilty plea, reducing the sentence to 3 years.  Apart from this, I see no other mitigating factors which warrant any further discount.  The sentence I pass is therefore 3 years' imprisonment.