HKSAR v. Ng Chun Hung

DCCC 1197/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1197 OF 2012

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REASONS FOR SENTENCE

The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved is ketamine.

Summary of Facts

2.This is a typical case of "stop and search".  About 7:00 pm on 5 October 2012, PC 9878 stopped the defendant for enquiry at the junction of Prince Edward Road West and Lung Kong Road in Kowloon City.

3.Upon search, a total of 25 plastic bags were found in a black bag carried by the defendant.  The 25 plastic bags were later found to contain a total of 169.80 grammes of a powder containing 132.81 grammes of ketamine.  Under caution, the defendant admitted that an unknown male in San Po Kong gave him $400 for delivering the ketamine.

4.In his video-recorded interview, the defendant admitted that he met an unknown male in a park in San Po Kong a few weeks ago.  The unknown male asked him to deliver ketamine and promised to give him $400 as a reward.  The defendant agreed to do so since he was in need of money. He collected a plastic bag from the unknown male about an hour before his arrest. He knew the plastic bag contained about 185 grammes of ketamine.  He was going to deliver the ketamine to someone at the McDonald's situated at Lung Kong Road, but was arrested on his way.

Mitigation & Sentence

5.The defendant will turn 20 next week.  He has 1 previous conviction, which is "Theft" and he was fined for that. He is single and resides with his family.

6.Defence lawyer Mr. TING informed me that the defendant dropped out of school after F.3.  He then attended a vocational course in Electrical Engineering, but was unable to finish it.  The defendant started experimenting ketamine in August 2012.  Regarding the present offence, Mr. TING submitted that on the day of the offence, the defendant had an argument with his parents, so he wanted to take some ketamine for relief.  The defendant had no money, but remembered the "offer" made by the unknown male some time ago.  He therefore went to San Po Kong to look for the unknown male intending to earn the $400.

7.Although the defendant is under 21, by virtue of section 109A(1A) of the Criminal Procedure Ordinance (Cap.221), I need not obtain any pre-sentencing report.  Besides, the quantity of ketamine involved in this case is far too serious to consider other sentencing options except an immediate prison term.

8.A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers, even at young age, would most certainly be punished by long-term imprisonment.

9.The Court of Appeal has laid down clear sentencing guidelines for trafficking in ketamine (see  SJ v HII Siew Cheng [2009] 1 HKLRD 1).  For 50 to 300 grammes, the sentence ranges from 6 to 9 years' imprisonment.  In the present case, the defendant trafficked in 132.81 grammes of ketamine; the appropriate starting point is 7 years.  A one-third discount is given for the guilty plea, reducing the sentence to 56 months.  In view of the defendant's young age and almost clear record, I am prepared to grant him a further reduction of 2 months.  Apart from this, I see no other mitigating factors which warrant any further discount.  Hence, the sentence I impose is 54 months' imprisonment.