HKSAR v. Wong Wai Lun

DCCC838/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 838 OF 2012

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Reasons for Sentence

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1.Defendant pleaded guilty to a charge of trafficking in a dangerous drug involving 79.34 grammes of a powder containing 62.07 grammes of ketamine.

2.Defendant admits that at about 5 pm on 8 July 2012 he was inside a room of an internet café located at 3rd Floor, Yuen King Building, Sai Yeung Choi Street South, Mong Kok, Kowloon.  Police officers observed that he had put his left hand into his left rear trousers pocket.  Upon search, inside that pocket, there were altogether 6 resealable plastic bags respectively containing 11, 16, 10 and 1 resealable plastic bags. 

3.Upon analysis, government chemist confirmed the above 40 plastic bags were 79.34 grammes of a powder containing 62.07 grammes of ketamine.  The market value was about $8,700.

4.Upon caution, defendant pointed to another male at scene called Yiu Chai who offered him “K Chai” that day to sell them together.

5.Defendant further admitted in the video recorded interview that Yiu Chai gave the ketamine to him at Taipo; after he arrived, he put them under a seat; when receiving calls from customers, Yiu Chai would deal with them outside and he stayed in the room; some similar previous dealings had been done by them and they could earn a few thousands per day.  He now admits possession of the above dangerous drugs for the purpose of trafficking.

6.Defendant is aged 18 and of clear record.  He had been a delivery worker for some months until March 2012.  He started mingling with adverse peers by then who influenced him to sell drugs to earn quick money. 

7.Mr Allan submits that the Defendant came from a broken family and he committed the present offence because of the influence of friends.  Defendant is now very remorseful and pleaded guilty at the earliest opportunities.  Because of his very young age, he asks if the court may pass the most lenient sentence.

8.Trafficking in dangerous drugs is a very serious offence.  In Secretary for Justice v Hii Siew Ching CAAR7/2006, the Court of Appeal had already laid down the tariff for sentence of traffickers in ketamine.  For 50 to 300 grammes, 6 to 9 years’ imprisonment shall be imposed.

9.In the present case, it involved 62 grammes of ketamine, the starting point could be more than 6 years.  However, given his young age and clear record, his remorseful attitude by pleading guilty and all the mitigations submitted, I shall only adopt 6 years’ imprisonment as the starting point. 

10.Upon guilty plea, I reduce it to 4 years’ imprisonment.  Therefore, the defendant is now sentenced to 4 years’ imprisonment.