HKSAR v. Ng Tin Man

DCCC 900/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.900 OF 2012

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Reasons for Sentence

1.The defendant pleaded guilty to one charge of ‘trafficking in dangerous drugs’, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

Facts

2.At around 2:28am on 10^th July 2012, police officers on patrol in a police vehicle in the Kwai Shing East Estate area intercepted the defendant after they saw the defendant turned around and walked away upon seeing their police vehicle. The defendant fled when the Police stopped their vehicle beside him.

3.1 bag containing 19 plastic bags containing suspected dangerous drugs was found under the waistband of the defendant’s trousers. Under caution, the defendant admitted that they were ketamine purchased from an unknown person in Tsim Sha Tsui about 5 hours ago for $6,000, and that the defendant intended to sell them to his friends. The defendant admitted in court to the summary of facts which state that he possessed the dangerous drugs for the purpose of trafficking. The defendant had $10,950 cash on him at the time of arrest.

4.Government chemist confirmed the plastic bags contained a total of 64.02g of powder containing 51.70g of ketamine. Police estimated the street value of the ketamine to be about $7,810.

Previous conviction

5.The defendant has one spent conviction of theft for which he was fined $1,500 at Kwun Tong Magistracy in April 2008.  I am therefore sentencing the defendant as if he has a clear record.

Mitigation

6.The defendant is 24. He was born in Hong Kong and received education up to Form 3 level. When he was 16 he started working as a transportation worker. After he obtained his driver licence he purchased a van and worked as a self-employed driver for a while. For the past year, the defendant had been working for a logistic company as a driver.

7.The defendant’s father passed away in 2010. The defendant now lives with his 65 year old mother and 21 year old sister. The defendant’s mother works as a cleaner for a meager income while his sister is currently not working. The defendant is the main breadwinner of the family. From the letters submitted in mitigation, it would appear that the defendant has been a filial son and diligent worker.

8.Mr. Lam told the court that the defendant has been informed of the sentencing guidelines for trafficking of between 50-300g of ketamine, which is in the range of 6 to 9 years’ imprisonment. Mr. Lam wishes the court to adopt a starting point of less than 6 years since the ketamine found on the defendant is just slightly more than 50g.

Sentencing guidelines

9.I agree with Mr. Lam’s submission and will adopt the range for trafficking between 10 to 50g of ketamine. The applicable sentencing guidelines for trafficking in ketamine is found in the case of Secretary for Justice v Hii Siew Cheng (許守城) [2009] 1 HKLRD 1, CAAR7/2006 where the Court of Appeal indicated that the sentence after trial for trafficking between 10 to 50 grammes of ketamine as being between 4 to 6 years’ imprisonment.

Sentence

10.Having heard from counsel for the defendant his mitigation, I find that there is nothing to allow me to depart from the sentencing guidelines. I do not know why the defendant who is someone with no previous convictions concerning dangerous drugs would suddenly purchase such a large batch of ketamine to sell to his friends. Whatever the reasons, the defendant will have to suffer the consequences.

11.Although the amount of ketamine in question is slightly more than 50g, I find that a proper starting point is that of 6 years’ imprisonment in the circumstances. I will grant the defendant the full one-third discount for his plea of guilty and sentence him to 4 years’ imprisonment.