HKSAR v. Wong Wai Man

DCCC 794/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 794 OF 2013

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REASONS FOR SENTENCE

1.The defendant pleads guilty to one charge of trafficking in 52.30 grammes of a powder containing 10.16 grammes of ketamine, contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2.In summary at about 21:10 hours on the 6 June this year the defendant was intercepted by the police when walking in a furtive manner towards the lift lobby of the 19th floor of Sin Sam House, Lung Hang Estate in Tai Wai.  The defendant was carrying a paper bag inside which the police found 4 plastic bags containing the ketamine; an electronic scale and 60 smaller transparent re-sealable plastic bags.  Under caution the defendant said he was helping to deliver the ketamine to a man in Sham Shui Po because of financial need. 

3.In passing sentence I have carefully considered everything said on behalf of the defendant by Mr Chan together with the letters of mitigation from the defendant, his brother and sister and his employer. 

4.In Secretary for Justice v Hii Siew Cheng[2008] 3 HKC 325 the Court of Appeal laid down guidelines for trafficking in ketamine.  Where the narcotic content is between 10 and 50 grammes sentence after trial falls within the range of 4-6 years imprisonment.

5.Taking into account the defendant has no previous convictions for trafficking in drugs I agree with Mr Chan that the proper starting point after trial for 10.16 grammes of ketamine is 4 years imprisonment.

6.Giving the defendant full credit for his plea of guilty he is convicted and sentenced to 2 years and 8 months imprisonment.