HKSAR v. Wong Kwok Shing

DCCC 940/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 940 OF 2012

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REASONS FOR SENTENCE

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1.The defendant pleads guilty to one charge of trafficking in 78.72 grammes of a powder containing 62.76grammes of ketamine, contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2.In summary at about 1840 hours on the 2nd August this year the police saw the defendant acting furtively inside the Java Road Playground in Quarry Bay.  The police intercepted the defendant and conducted a body search.  The ketamine subject of the charge was found contained in 13 re-sealable plastic bags and one paper bag inside the defendant’s socks.  The ketamine was estimated to be valued at $9,918.    

3.I have carefully considered everything said on behalf of the defendant by Mr Fu together with the mitigation letter written by the defendant.  I take into account the defendant has no previous convictions and that he was lured by bad elements into committing the offence for which he was to earn $2,000.

4.In the Secretary for Justice v HII Siew-cheng [2008] 3 HKC 325 the Court of Appeal laid down guidelines for trafficking in ketamine.  Where the narcotic content is between 50 and 300 grammes sentence after trial falls within the range of 6-9 years imprisonment.    

5.Taking into account the defendant is a person of clear record I am satisfied the proper starting point after trial for 62.76 grammes of ketamine is 6 years imprisonment.  Giving the defendant full credit for his plea of guilty he is convicted and sentenced to 4 years imprisonment.