CRIMINAL CASE NO. 25 OF 2012
COURT: The 1st defendant, Wong Hang-kin, pleaded guilty to two counts of trafficking in a dangerous drug. The 2nd defendant pleaded guilty to one count of trafficking in a dangerous drug.
On the material day, both defendants, together with Chiu Yi-kong in another case, were intercepted by police officers. 0.54 kilogram of ketamine was seized from a black bag which was carried by Chiu Yi-kong at the time. A further 0.19 kilogram of ketamine was seized from a red bag which was carried by D1, Wong Hang-kin.
Under caution, the 1st defendant stated that he worked for one Ah Fai, not the 2nd defendant, to deliver the drug. On the other hand, the 2nd defendant admitted, under caution, that he assisted his friend by putting the drug into a plastic bag. The street value of the drug was estimated to be approximately HK$82,000 and HK$30,000 respectively.
The 1st defendant admits before this court that he was trafficking in the ketamine found in both bags, whereas the 2nd defendant admits before this court that he was trafficking in ketamine found in the black bag.
The 1st defendant is aged 28. He has eight previous convictions, four related to possession of dangerous drugs. Despite chances given to him in the past, it seems those sentences exert little effect on him. There is nothing, or little, to deter him from dealing in drugs.
As I say, guidelines on sentencing are clear. For the 1st defendant, 11½ years and 7½ years respectively will be adopted as the starting point in respect of the two offences he pleaded to.
As far as the 1st defendant is concerned, apart from his plea of guilty, I do not see any other mitigation. As such, he will be given the usual one-third discount which reduces his sentence to 7 years and 8 months and 5 years respectively.
Having considered the total amount of drugs seized that day, 8 months of the second offence is ordered to run consecutively to the 7 years and 8 months imposed on the first offence. In conclusion, the 1st defendant is sentenced to 8 years and 4 months’ imprisonment.
For the 2nd defendant, Yip Hung-fai, although his involvement in this case is not as extensive as the other two, he nevertheless had full knowledge of the others’ activities and prepared to step in and assist.
Background report indicates that he dropped out from school after form 3. Apart from doing some odd jobs, he essentially remained idle.
Similar to the 1st defendant, 11½ years will be adopted as the starting point. The 2nd defendant rendered assistance to the police and the prosecution. Again, there is no secrecy about that. His assistance also leads to the 1st defendant’s plea of guilty. He too will be given a 40 per cent discount for his plea and co-operation. In conclusion, the 2nd defendant is sentenced to 6 years and 10 months’ imprisonment.