HKSAR v. Kwok Chun Long, Owen

DCCC 372/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 372 OF 2014

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Reasons for Sentence

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1.The defendant has pleaded guilty to a charge of trafficking in 71.88 grammes of ketamine. And the facts admitted by the defendant state that on 7 February 2014, at 2.05 in the morning, the police set up a roadblock on Cameron Road near Cameron Lane.

2.Some 10 minutes later, a taxi stopped about 10 metres from the roadblock.  The defendant got out of the taxi and ran off.  He was followed by police officers who saw him throw away six packets containing drugs, and he was later intercepted by officers and found in possession of a further two packets.  When he was interviewed about the drugs, he said they were for his own consumption. 

3.The street value is about $8,000, and at the time of his arrest, he had $6,600 in his possession and RMB100.

4.Defendant has two previous convictions.  In 2009, for possession of dangerous drugs, he was placed on probation for 18 months.  In January 2013, again for possession of dangerous drugs, he was sent to the drug addiction treatment centre.  I am told he was released some five months later but recalled in September of 2013, and he was again released in December of 2013, just two months before the commission of the present offence.

5.I am told that the defendant is now 20 although he was 19 at the time of the commission of the offence.  He is single and was educated to Form 4 level.  His parents have separated and he lives with his mother in a public housing estate in Lai Chi Kok.  He also has an elder brother.  Both his elder brother and mother are in court today to show their support for the defendant.

6.A letter has been submitted to the court from the defendant’s mother and brother and they state that the defendant has been a good son and brother, and all his difficulties arose because of his drug problems.  I am told that under the influence of undesirable peers, the defendant became addicted to dangerous drugs when only 14 years of age.  I am told also that he has a tumour on his leg which requires regular inspection at hospital.  I am told that the defendant is remorseful for his involvement in this offence, in a letter to the court acknowledges that he has a serious drug problem and proposes to do his best to rehabilitate while he is serving his prison sentence.  

7.I am told that when the defendant was first released from drug addiction treatment centre, he obtained employment as a casual construction worker.  And when he was again released in December 2013, he worked as a casual worker in a karaoke lounge and was earning some $2,000 per month. 

8.I am told that as regards his drug consumption, he consumes 1 to 3 grammes of ketamine per day.  I am told that he had purchased the drugs which he was found in possession of for some $4,000 on the day of the offence.  I was told that some of the drugs were for his own consumption and some for sale to finance his drug addiction. 

9.I accept that some of the drugs were for the defendant’s own consumption.  I also take into account that at the time of the commission of the offence, the defendant was 19 years of age. 

10.For defendants who are found in possession of more than 50 grammes of ketamine, the appropriate sentence is a sentence of 6 to 9 years’ imprisonment.  Taking into account all the factors that have been placed before me in mitigation, I propose to take a starting point at the lowest end of that sentencing scale.  I take a starting point of 6 years’ imprisonment and reduce that by one-third to reflect the defendant’s guilty plea.  The defendant will go to prison for 4 years.