HKSAR v. To Lok Hin

DCCC406/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 406 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 a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

2.You admitted that in the afternoon of 20 February 2012 at the Ground Floor of Yung Shek House, Shek Yam Estate, Kwai Chai, New Territories, you unlawfully trafficked in a dangerous drug, namely 13.65 grammes of a powder containing 11.83 grammes of ketamine.

3.The facts are a simple stop and search by police officers upon you.  Upon search by the officers, the drugs were found in a plastic bag in your jacket pocket.  At that time you also had in your possession three mobile phones.

4.Upon enquiry by the officers, you said under caution that you had the drugs to sell to one Fai Chai.  You bought the ketamine for $800 and were going to sell it for $1,000.  You and Ah Fai were going to have the transaction in the park off Yung Shek House, but you had not yet fixed a time with him and you would wait for him to call you.

5.Mr Danny Choi, your counsel, has made full mitigation on your behalf today.  I have taken into account all that he has had to say. 

6.You are 20 years of age.  At the time of commission of this offence, you were 19 years of age.  At the time you committed this offence, you had three previous convictions, all of which were for possession of dangerous drugs.  You were fined on the first occasion in 2008 and sentenced for the next two occasions on the same date for two different cases to Rehabilitation Centre. 

7.Mr Choi has said that the reason for your commission of this offence was because you had been out of a job for almost 3 months and did not have any money.  As you were mingling with undesirable peers, you got yourself into this trouble.

8.Mr Choi has correctly stated that your greatest mitigating factor is your plea of guilty.  He has informed you that there are guidelines for trafficking in dangerous drugs of ketamine and the case is Secretary for Justice v Hii Siew Cheung. The amount of drugs falls in the third bracket of that case.  He has informed me that you have asked if a DATC report can be called for.

9.As Mr Choi correctly stated, the discretion I have is very limited.  Your young age is not an exceptional circumstance.  There are clear guidelines for trafficking in dangerous drugs and those are one of an immediate term of imprisonment.  More so, where in your case the amount of drugs is in the upper brackets of the sentencing brackets.

10.In the circumstances, defendant, I shall follow the guidelines and tariffs as set down by the Court of Appeal and sentence you to the following sentence. 

11.Had I convicted you after trial, I would have taken a starting point of 4 years’ imprisonment.  However, giving you full credit for your plea of guilty, that term should be reduced to 2 years and 8 months’ imprisonment to which you are so sentenced.