HKSAR v. Wong Wai Him
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DCCC 64/2013 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO 64 OF 2013 ----------------------
--------------------- Reasons for Sentence --------------------- 1.Defendant, you have pleaded guilty to a single offence of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134. You admitted the facts and I convicted you. 2.What happened is this. At about 9.30 pm you and another male were seen inside an LGV parked outside Shin Tsui House, Fu Shin Estate, Tai Po. You alighted carrying a shoulder bag and walked towards Shin Tsui House. Police officers found you to be acting furtively, therefore PC5385 disclosed his identity to you and you fled. However, you were stopped and you were searched. From your shoulder bag they found a small grey bag containing two resealable plastic bags of suspected dangerous drugs, electronic scales and 29 empty plastic bags. You had in your possession two mobile phones. 3.Upon arrest and caution you said the ketamine and “Ice” belonged to you. You would sell some and consume some yourself. 4.Later analysis confirmed the dangerous drugs to be 29.85 grammes of powder containing 17.2 grammes of ketamine and 0.31 grammes of a crystalline solid containing 0.3 grammes of methamphetamine hydrochloride. 5.The estimated street value is $2,481 for the ketamine and $221 for the “Ice”. 6.You admitted to three previous convictions, one related to possession of dangerous drugs. In fact, it has emerged that you are presently serving a sentence of DATC. That resulted from a breach of your Probation Order. 7.As you will recall, two weeks ago I adjourned the case until today for the taking of a probation officer’s background report and a DATC report whilst making it clear that I reserved to myself the right to sentence in any way I thought correct no matter what was recommended. Those reports are now before me. I have read them and understood them. I note that the DATC report does recommend a further DATC Order. I will refer to that at a later stage. 8.On your behalf Miss Chiu entered mitigation. She told me that basically you accepted the contents and opinions expressed in the reports subject to two corrections, one of which was minor and one major. These refer to the probation officer’s report. The minor correction is that in paragraph 8 where compensation of $6,000 is referred to it should in fact be $16,000, and the second and major correction relates to paragraph 9 of that report, where she clarified that what you actually intended to do was to use part of the drugs for yourself and sell the rest to your friend. 9.Having checked that I had read the reports, Miss Chiu very sensibly did not feel the need to go through your background again. That is set out very clearly and very fully in the probation officer’s report and indeed the DATC report. However, she did tell me that at the time of the commission of this offence you had been unemployed for 3 to 4 months, you were supported by your parents and you needed money to buy drugs to fuel your addiction. That is supported by the conclusion in the DATC report, that you are in fact a drug addict. 10.She produced two letters before me. The first one was from yourself. In that letter you express your remorse, your intention to go straight once you are released from prison, and your appreciation of the support from your parents. The second is from your parents themselves. Basically, they speak well of you, as one would expect. I understand that during your incarceration they have visited you on a weekly basis, and both your parents are here today, as well as your aunt. 11.Miss Chiu emphasised that you were co-operative on arrest, that is supported by the facts; that you have shown your remorse in your plea of guilty; and she repeated that the drugs were partially for your own consumption and partially to be sold to a friend. She told me that the “Ice” was for your own consumption totally. She referred to the recommendation for DATC and asked me to consider making such an order. That is a further order of Drugs Addiction Treatment Centre. 12.I turn now to the sentence. Trafficking in dangerous drugs is always a serious matter. In this case we have a substantial amount of ketamine, 17 grammes, and a small amount of “Ice”. There are mitigating features here and I accept that. You were co-operative on arrest after your initial attempted flight, you have demonstrated your remorse by your plea of guilty, and I accept fully that you have the support of your family. I would suggest that you repay that support by showing more respect for your family and keeping away from dangerous drugs. 13.Turning to the offence itself, you are a drug-dependent. That is confirmed by the reports, therefore this lends support to the proposition that the drugs were partially for your own consumption and partially to be sold to a friend as you claim. That is a mitigating factor. I accept in respect of the “Ice” that given the small quantity it is more than likely and I am prepared to believe what you say that it was to be used only for your own consumption. 14.The reports as a whole and the probation officer’s report especially is not a positive report. Your past has not been distinguished, either by hard work or self-restraint. I have taken into account both the letters that have been presented to me, both the reports and the mitigation advanced. 15.I am sure that you have been advised that, leaving aside the “Ice”, the usual tariff for 10 to 50 grammes of ketamine, this is 17 grammes of course, is 4 to 6 years’ imprisonment. I have to tell you here and now that I regard this offence too serious for DATC. However, I do intend to mitigate the tariff and give you a lesser sentence than the tariff would lay down. 16.Taking all matters into account that I have mentioned, I take as a starting point 3 years and 3 months’ imprisonment, that is 39 months, reduced to 26 months, that is 2 years 2 months’ imprisonment - 26 months’ imprisonment.
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