HKSAR v. Leung Tsz To

DCCC 839/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 839OF 2012

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Reasons for Sentence

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Charge and facts

1.The defendant pleads guilty to trafficking in ketamine.  In the afternoon on 23 July 2012 he was the driver of a light goods vehicle outside Sha Tin Fun City, No. 7 Lek Yuen Street, Shatin.  The police searched his body and found 15 transparent plastic bags containing a total of 86.13 g white powder containing 66.07 g of ketamine, and a number of empty transparent plastic bags. 

2.After arrest and caution, he said he would deliver the ketamine for $1,000 each time by that vehicle based on instructions from someone on the phone.     

Personal background and mitigation

3.He is 26 years of age, F. 4 education level.  He has a clear record.  Before arrest, he lived with his parents, who were working and a younger sister, who was at school.  He delivered goods for clients and earned a good income.  His bad peers, however, had led him into nocturnal entertainment and gambling.  It resulted in his overspending and financial plight.  He occasionally took drugs and fell to the delivery of drugs for reward.  This was his second or third delivery so far.  In their mitigating letters, his family members and colleague described him as a simple-minded and responsible person.   

Sentencing guidelines

4.In HKSAR v. Hii Siew Cheng [2007] 1 HKLRD 1, the Court of Appeal stated that trafficking in ketamine of 50 - 300 g shall warrant 6 - 9 years' imprisonment. 

Sentencing this defendant

5.I take 6 years as the starting point.  Upon a one-third discount for his plea of guilty, the sentence is 4 years in the absence of other mitigating factors.