HKSAR v. Cheung Man Lung

DCCC 1041/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1041OF 2012

-----------------------------------

-----------------------------------

---------------------------------

Reasons for Sentence

---------------------------------

Charges and facts

1.The defendant pleads guilty to possession of a dangerous drug (1^st Charge) and trafficking in a dangerous drug (3^rd Charge). 

2.At 1947h on 15 August 2012, the police conducted an anti-crime patrol outside ground floor, Kai Sin House, Upper Wong Tai Sin Estate, Kowloon.  The defendant was searched and found to have a paper packet containing 0.02 g of a powder containing ketamine.  He admitted it was for his own consumption.  He was released on police bail.  

3.At 1745 h on 18 September 2012, the police conducted an anti-crime patrol outside ground floor, Lung Kwong House, Lower Wong Tai Sin Estate, Kowloon.  The defendant got off from a private vehicle. They found on him:

(1) HK$7,210;

(2) RMB¥100;

(3) TWD$100;

(4) A car key, which could open the door of the vehicle.

4.In the car were:

(1) 3 plastic bags containing 112.80 g of powder containing 83.89 g of ketamine;

(2) 149 empty transparent bags.

5.He said the ketamine was for his own consumption and the money his own savings. 

6.The police estimated a retail value of HK$14,776.80.  He possessed the said 112.80 g of powder containing 83.89 g of ketamine for the purpose of trafficking.  

Personal background and mitigation

7.He is 36 years of age, of F. 1 education level.  He has 12 previous convictions for possession of dangerous drugs and other convictions for dissimilar offences.  He was an air-conditioning technician before arrest.  He earned $15,000 per month.  He lived with his niece and mother in Sau Mau Ping, Kowloon.  His mother was in bad health.  He took charge of his mother and the household expenses.  His niece has written a mitigating letter for him.  

8.During his remand, he had the opportunity to be initiated into the Christian faith with penitence for his misdeeds.  The chaplain wrote a mitigating letter for him.   

Sentencing guidelines

9.In HKSAR v Hii Siew Cheng [2007] 1 HKLRD 1, the Court of Appeal has suggested 6 – 9 years for trafficking in 50 – 300 g of ketamine. 

Sentencing this defendant

10.On the 1^st Charge, I take 12 months as the starting point as he has been a recidivist for possession of dangerous drugs.  I reduce it by one-third because of his plea of guilty. There are no other mitigating factors.  The sentence is 8 months. 

11.On the 3^rd Charge, I take a starting point of 7 years (ie 84 months) in view of the quantity of ketamine and empty plastic bags as well as his commission of this offence in the course of his police bail granted him 1 month and 3 days ago for the possession charge. I reduce it by one-third because of his guilty plea.  There are no other mitigating factors.  The sentence is 4 years and 8 months (ie 56 months). 

12.By totality, I order the 2 sentences to be run concurrently.  His eventual sentence remains as 4 years and 8 months (ie 56 months).