HKSAR v. Lai Wing Leung

Case No.DCCC 286/2014
Court
District Court
Date03 Jun 2014
Judge
Case Document
100%

DCCC 286/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 286 OF 2014

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  HKSAR  
  v.  
  LAI Wing-leung  
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Before: HH Judge E. Yip
Date: 3rd June 2014 at 09:39 am
Present: Mr Karl CHU, Public Prosecutor, of the Department of Justice, for HKSAR
  Ms WONG Yin Yee Lisa, of M/s Eli K.K. Tsui & Co assignedby DLA for Defendant
Offence: Trafficking in a dangerous drug [販運危險藥物]

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Reasons for Sentence

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Charge and facts

1.The defendant pleads guilty to trafficking in ketamine.  In the afternoon on 19 December 2013, the police spotted him acting furtively in a park in Ap Lei Chau.  The police found 5 re-sealable plastic bags which contained ketamine (later confirmed by a government chemist to be 13.16 grammes of a powder containing 10.14 grammes of ketamine).  After arrest and caution, he told the police that he was to deliver the ketamine for a reward of $500. 

2.The estimated value of the ketamine was about $1,600. 

Personal background and mitigation

3.He is 19 years of age, F.1 education level.  He had 1 record for theft, being fined $500, in 2011.  He had done unstable jobs from time to time.  He was unemployed at the time of arrest.  He lives with his parents and an elder sister.  As requested by his solicitor in mitigation, I call for a Training Centre Report to assess his suitability.  The report comes back with a recommendation for his detention there. 

Sentencing guidelines

4.The Court of Appeal in HKSAR v Hii Siew Cheng [2007] 1 HKLRD 1 has stated that traffickers shall be sentenced to 2 – 4 years for up to 10 g of ketamine.

Sentencing this defendant

5.I am of the view that the best interest of the society and himself can be served by a Training Centre order. 

( E. Yip )
District Judge