HKSAR v. Ng Hon Man

DCCC 538/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 538 OF 2012

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Reasons for sentence

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1.The defendant has pleaded guilty before me to one charge of trafficking in a dangerous drug, namely 76.76 grammes of a powder containing 63.70 grammes of ketamine, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

2.The facts admitted by the defendant reveal that at about 1:50 am on 10 April 2012, two police officers were on patrol in the vicinity of Soy Street and Nathan Road in Mongkok.  A taxi was stopped outside No 607 Nathan Road, Mongkok.  The defendant was seated in the passenger seat and was seen to look out of the window of the taxi in a suspicious manner.  Shortly after, he alighted from the taxi.  He was intercepted by the police officers, and upon search, 6 plastic bags of dangerous drugs the subject matter of the present charge were found inside a larger plastic bag found from the right front pocket of the defendant’s jeans.  The defendant was arrested for trafficking in dangerous drugs.  Under caution, the defendant admitted he had agreed to convey the ‘k jai’ for others as he had no money and begged for a chance.  In a subsequent video interview under caution, he admitted that he would be paid $500 for conveying the dangerous drugs.  The dangerous drugs were examined by a government chemist who confirmed that the 6 plastic bags contained a total of 76.76 grammes of a powder containing 63.70 grammes of ketamine.  The estimated street value at the time was HK$7,389.20.  The defendant admits that he possessed the dangerous drugs the subject matter of the charge for the purpose of unlawful trafficking.

3.The defendant is now aged 42 years.  According to his antecedent statement, he is born in Hong Kong and educated to secondary 3.  His father has passed away while his mother lives with his younger siblings.  He is married and his wife lives in China.  He was unemployed at the time of the offence.

4.His criminal record dates back to 1996.  He has 13 previous convictions in 12 court appearance, including 2 for the trafficking of dangerous drugs, and 5 for the possession of dangerous drugs.  His most recent conviction was in 2010 for the possession of dangerous drugs, when he was sentenced to 6 months’ imprisonment. He was last discharged from prison on 16 April 2011.

5.I have considered all that has been urged by counsel on behalf of the defendant as well as the contents of the letter in mitigation written by the defendant. Save for his plea of guilty, there is really little else in mitigation before me.

6.In the Secretary for Justice v Hii Siew Cheng & Anor [2009] 1 HKLRD 1, the Court of Appeal laid down the tariffs for trafficking in ketamine.  For trafficking 50 to 300 grammes of ketamine, a term of imprisonment of between 6 to 9 years is called for.

7.In the instant case, the ketamine involved is 63.70 grammes. For this quantity, I consider a starting point at the lower end of the tariff guideline would be appropriate, and I take as a starting point 6 years imprisonment, that is 72months.  The court has said time and again that there is a need for deterrence when dealing with offences like trafficking in a dangerous drug.

8.In the present case, the matters urged upon me cannot detract from the fact that a deterrent sentence is called for as our society needs to get the message that trafficking in a dangerous drug is a very serious offence.  The only mitigation which is of use here is the defendant’s plea, and for that, he will be given a one-third discount.

9.Therefore the starting point of 72 months will be reduced by24 months.  The defendant is sentenced to 48 months’ imprisonment.