HKSAR v. Su Derong

DCCC 388/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 388 OF 2014

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Reasons for Sentence

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1.The defendant, Su Derong, is a young man of 19 years old. He pleaded guilty before me to one charge of trafficking in dangerous drugs. The offence took place on 24 February 2014 at Shek Kip Mei Estate, Kowloon. The charge concerned 6.89 grammes of a solid containing 4.57 grammes of cocaine and 27.90 grammes of a powder containing 17.27 grammes of ketamine.

2.At about 1.30 am on the day in question, a police officer saw the defendant acting suspiciously at the junction of Nam Cheong Street and Berwick Street, Sham Shui Po. The officer intercepted the defendant and searched him.  He found a plastic bag marked with “31” containing 31 plastic bags containing a total of 27.90 grammes of a powder containing 17.27 grammes of ketamine; and a plastic bag marked with “32” containing 29 plastic bags containing a total of 6.89 grammes of a solid containing 4.57 grammes of cocaine in the left front pocket of the defendant’s jumper.

3.He arrested the defendant.  Under caution, the defendant admitted that the items found were ketamine and cocaine.  The street value of the cocaine and ketamine found was about $3,348 and $8,268.

4.The defendant was convicted of the offence of unlawful sexual intercourse with a girl under the age of 13 in 2013, and he was placed under probation for 24 months.

5.I called for a training centre report before sentence.  The medical officer opines that the defendant is a drug addict.  Therefore, he considers the defendant not suitable for detention in a training centre.

6.Mr Fung in mitigation draws my attention to the authority of Wong Kin Kau.  Wong is a case which concerns sentencing for trafficking in cocktail drugs. 

7.In sentencing the defendant, I would adopt the combined approach.  Of the two kinds of drugs found on the defendant, namely, 4.57 grammes of cocaine and 17.27 grammes of ketamine, I would take the quantity of cocaine as the base for sentencing as it is more potent amongst the two.  Applying the tariff as set out in the case Lau Tak Ming, a starting point of 3 years and 9 months’ imprisonment is appropriate for trafficking in 4.57 grammes of cocaine, and I take that as the starting point for trafficking in 4.57 grammes of cocaine.  But the presence of 17.27 grammes of ketamine is indeed significant.  Taking into account the presence of a significant amount of ketamine, a starting point of 5 years’ imprisonment is appropriate.

8.In fact, the Court of Appeal in the case HKSAR v Chan Yuk Leong CACC 318 of 2013 observed that the fact that the seizure of two or more types of dangerous drugs at the same time, even though separately packed and not in a prepared mixture, may lead to two possible aggravating features.  One aggravating feature is the ability of the trafficker to cater to a wider market.  More important is the effect on users of combinations of dangerous drugs.

9.In all the circumstances, in my judgment, a starting point of 5 years’ imprisonment is appropriate.  The defendant is entitled to one-third reduction for his guilty plea.  I have taken into consideration all the matters urged on the defendant’s behalf by Mr Fung.  I have gone through the mitigating letters advanced by the defendant’s mother and the defendant.  There is nothing in these two letters that can enable me to further reduce the sentence.  I reckon that the defendant is a young man of 19 years old.  He is not a person of extreme youth, but I am prepared to give the defendant an additional reduction of 3 months because of his young age. That would bring his sentence down to 37 months.

10.For the reasons given, for the offence in question, ie trafficking in dangerous drugs, I sentence the defendant to 37 months’ imprisonment.