HKSAR v. Chan Kwun Wai

DCCC 927/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 927 OF 2013

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a single offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

2.You admitted the Brief Facts, and I convicted you.

3.What happened is as follows.  On 17 July last at about 1643 hours PC 10698 (PW1) saw you exit from Yuet Wah House, Tin Yuet Estate, Tin Shui Wai, New Territories.  He intercepted and searched you.  He found four plastic bags of suspected dangerous drugs (Exhibit 1) in your front left trouser pocket.

4.You were arrested and cautioned and you admitted that Exhibit 1 belonged to you.  Later, at Yuen Long Police Station DPC 6264 conducted a video-recorded interview under caution.  You made the following admissions:

(1) Exhibit 1 contained ketamine;

(2) that on that day you met an unknown person called Ah Wing at the Ground Floor of the building and purchased Exhibit 1 for $3,000. You retrieved Exhibit 1 from the fire hose on the 24th Floor of that building;

(3) you had one previous dealing with Ah Wing.

5.Exhibit 1 was later analysed and found to contain a total of 52.42 grammes of a powder containing 24.71 grammes of ketamine packed in four packets.  You had Exhibit 1 in your possession for the purpose of trafficking.

6.The street value of Exhibit 1 is about $6,238.

7.At the time of arrest you had in your possession $818. 

8.You admitted to two previous convictions, one which involved dangerous drugs and the breach of one court order. 

9.On your behalf Mr Shin entered limited mitigation for, in truth, there was very little that could be said in these circumstances.

10.He told me that you are 30 years of age, divorced and educated to Form 5.  After quitting school, you worked as a delivery worker and then in advertising.  At the time of arrest you were employed as a part-time tennis coach and part-time in construction.  You had a monthly income of about $8,000, 1,000 of which you gave to your parents with whom you reside.  

11.Mr Shin made the point that you have been fully co-operative with the police upon arrest.  You made frank admissions and you have now pleaded guilty, saving court time and expressing your remorse.  On your behalf, he asked for leniency. 

12.I turn now to the sentence.  Whilst this is your first  conviction for trafficking dangerous drugs, I do note from what is a light criminal record that you have one previous for possession.  I accept from the moment of your arrest you were co-operative and made full admissions. 

13.The only real mitigation in this case is your plea of guilty, thereby saving court time and expressing your remorse.  This is a case of trafficking in just under 25 grammes of ketamine.  On the accepted tariff, this places it within the range of 4 to 6 years’ imprisonment.  That of course is the starting point. 

14.Therefore, in this case, I take a starting point of 4½ years, reduced to 3 years for your plea of guilty.  You will go to prison for 3 years.