HKSAR v. So Wai Keung

DCCC 27/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 27 OF 2013

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to two charges before this court. The first charge is that of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. The second charge is that of possession of equipment fit and intended for the inhalation of a dangerous drug, contrary to section 36(1) and (2) of the same ordinance.

2.You admitted that on 23 October 2012 you had trafficked in 0.09 grammes of a crystalline solid containing 0.77 grammes of methamphetamine hydrochloride, otherwise known as “Ice”, and 21.32 grammes of a solid containing 17.36 grammes of ketamine.  On the same day you had in your possession two pieces of equipment fit and intended for the inhalation of “Ice”.  Both the offences occurred at your home in Choi Hing Estate, Wong Tai Sin, Kowloon. 

3.On the day in question officers were conducting an anti-dangerous drug operation in the estate.  At about l.30 pm they saw your younger brother leave your home and intercepted him.  Thereafter, the officers entered your home.  When they entered your home they saw your father and yourself.  In your bedroom, the drugs and the equipment for inhaling “Ice” was found.  The “Ice” was contained in two packets and the ketamine was contained in three packets.  

4.You admitted under caution that you had purchased the drugs and intended to package some for the supply to your friends.  You did not have any cash upon you at the time of your arrest.  

5.The police estimated the total street value of the drugs was about $3,445.  

6.Your solicitor, Mr. Mohnani, has mitigated on your behalf and I have taken into account what he has had to say. 

7.You are 20 years of age, and have four previous convictions arising out of three occasions, three of which are for possession of dangerous drugs, and one is a breach of a probation order.  You have been sentenced to DATC on two occasions.  

8.I had called for a training centre report in view of your age and to find out more about you.  The medical officer is of the opinion that you are drug-dependent and you are not suitable for detention in a training centre. 

9.Defendant, you have been involved with drugs from a very young age and your first brush with the law came when you were 15 years of age.   You were given an opportunity and placed on probation on the first occasion.  However, you were unable to stay away from your dependency on drugs and continued to commit offences and hence your sentences on two occasions to DATC.  No doubt your involvement in this offence of trafficking was to ensure you had sufficient money to live on, and to sustain your drug dependency.  Your involvement was also caused by your greediness to make fast and easy money.

10.Defendant, I am sure that you are well-aware that trafficking in dangerous drugs is a very serious offence.  There are clear guidelines laid down by the Court of Appeal for trafficking in certain amounts and types of drugs.  In this case, defendant, you had two types of drugs for trafficking, one of them being 0.77 grammes of “Ice”, and following the specific guidelines of Lau Tak Ming amd Ching Kwok Hung, that would be a sentence of 39 months’ imprisonment after trial.  For the ketamine, the amount was 17.36 grammes, which if you were convicted after trial that amount would warrant a term of 51 months’ imprisonment.   I will, however, take into account the combined total of these two drugs.  

11.Had I convicted you after trial, defendant, I would have taken a starting point of 4 years and 6 months’ imprisonment. However, you have pleaded guilty and saved the court time.  In those circumstances you are entitled to a full one-third discount, and that term shall be discounted to one of 3 years’ imprisonment, to which you will be so sentenced for Charge 1.  

12.On Charge 2, you shall be sentenced to 1 month imprisonment, and that term should run concurrent to Charge 1.   That makes a total term of 3 years’ imprisonment.