HKSAR v. Tsang Chun Kit

DCCC 775/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 775 OF 2013

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Reasons for Sentence

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1.Defendant pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

2.The facts are very straightforward.  The defendant was stopped and searched in the Mongkok area in the evening of 9 June this year.  During the search, a police officer found a plastic bag containing ketamine in his left front pocket of his trousers.  The defendant was arrested and taken to Mongkok Police Station.  There, he was thoroughly searched and a second bag of ketamine was found in his underpants.  The police then conducted a search of the defendant’s home and did not find anything suspicious.

3.The two bags of ketamine totalled 26.25 grammes of a powder containing 20.38 grammes of ketamine.  The agreed estimated street value is just over $3,100.

4.Defendant is not a man of clear record.  He does not have any previous convictions for trafficking dangerous drugs, but he does have two previous for possession of dangerous drugs.  From his record, I can see that he has served two drug-addiction-treatment-centre orders in 2007 and 2010.

5.The defendant is 24 years old, single and living at home.  He did leave school at an early age but has been working in several fields of employment since then.  Defendant has been in remand since his arrest for this offence.  He says he has no more physical addiction to ketamine.  The defendant also says that during this period in remand, he has had time to reflect and is determined to stay away from dangerous drugs.  I hope so because if he does not stay away from drugs and drug-related peers, sadly, the defendant will be in and out of prison for the rest of his life.

6.Defence counsel has said all he can say on behalf of the defendant in mitigation.

7.Guidelines for trafficking ketamine exist.  I have referred myself to the authority Secretary for Justice v Hii Siew Cheng [2008] 3 HKC 323.  The relevant guideline is that where between 10 to 50 grammes of ketamine is trafficked, a 4 to 6 years’ starting point would be appropriate.

8.The defendant’s best mitigation today is his plea of guilty.  I have considered the defendant’s age, background, mitigation, the quantity of dangerous drugs and the facts of the case.  I will take a starting point of 4 years and 3 months.  The defendant has pleaded guilty and is entitled to a discount of one-third for his plea.  That is a discount of 17 months.  Accordingly, the defendant is sentenced to 2 years and 10 months’ imprisonment.  Do you understand that sentence?

DEFENDANT: Understood.