HKSAR v. Lee Ka Man and Another

DCCC 273/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 273OF 2013

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Reasons for Sentence relating to 1st Defendant

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Charges and facts

1.The 2^nd defendant (“D2”) had pleaded guilty and sentenced before another court.  The 1^st defendant (“D1”) now pleads guilty to 2 charges of trafficking. 

2.At about 8 pm on 3 January 2013, the police in an anti-narcotics operation found D2 lingering in a suspicious manner outside a shop in Gala Place, 56 Dundas Street, Mong Kok.  D2 then approached D1 in the vicinity and walked with D1 to a staircase near another shop in Gala Place.  D1 handed over an item (later found to be a plastic bag containing 2.44 g of a solid containing 1.98 g of ketamine) to D2.  In return D2 handed over an item (later found to be $350 cash) to D1.  After arrest and caution, D1 said the ketamine was for her own consumption.  These constituted the 1^st charge of trafficking, ie by actual trafficking. 

3.The police searched D1’s bag and found 9 plastic bags containing a total of 44.20 g of a solid containing 33.24 g of ketamine.  These constituted the 2^nd charge of trafficking, ie by possession for the purpose of trafficking.      

4.The estimated street value of all the drugs was over $5,600.

Personal background and mitigation

5.D1 is 27 years of age, of F. 3 education level.  She worked as a saleslady before arrest.  She lives with her mother. Her father had gone missing for many years.  She does not earn much but gives out quite a substantial portion in financial support of her mother.  In order to raise money for her mother’s urgent operation in a private hospital to repair a punctured retina, she turned to commit the present offences. 

6.She had 1 previous record for possession of dangerous drug in 2002.  I am told that after a period of abstinence she had reverted to the drug habit since 2008.  She is not a drug-dependent as she can live with no ketamine for a few days.          

7.In their mitigating letters, her 2 step-sisters described her as a person not of major vice and they beg for leniency.

Sentencing guidelines

8.As laid down in HKSAR v Hii Siew Cheng [2007] 1 HKLRD 1, for up to 10 g of ketamine, the sentence shall be 2 – 4 years, 10 – 50 g, 4 – 6 years.  The 1^st charge involved 1.98 g of ketamine whereas the 2^nd charge involved 33.24 g of ketamine.   

Sentencing this defendant

9.For the 1^st charge, I take 2 ½ years (ie 30 months) as the starting point.  I give one-third discount for the plea of guilty.  The sentence is 20 months. 

10.For the 2^nd charge, I take 5 years (ie 60 months) as the starting point.  I give one-third discount for the plea of guilty.  The sentence is 40 months. 

11.As the 2 charges featured closely related circumstances, I order the sentences to be concurrent.  D1’s overall sentence is 3 years 4 months (ie 40 months).