HKSAR v. Leung Wai Chun
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HCCC 285/2014 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CRIMINAL CASE NO 285 OF 2014 -----------------
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--------------------------------- Transcript of the Audio Recording
COURT: The defendant pleaded guilty to one charge of trafficking in a dangerous drug contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. He was intercepted by police officers after being seen near one of the exits of Tai Wai MTR Station. His bag was searched and two packets of drugs were found. He admitted that he was carrying the drugs for others to earn a reward of $600. Upon analysis the drugs were found to be 480 grammes of a powder containing 380 grammes of ketamine. The retail value of the drugs at the time was around $58,000. By way of mitigation, I am told that the defendant is now aged 19, he has a clear record and he suffers from epilepsy, but currently he is in stable condition. It is advanced on his behalf that before the present offence he had just resigned from his previous job, he received a call from a friend and was promised $600. As he had always contributed to his family, he was short of money at the time and in order to alleviate financial circumstances and out of stupidity he committed the present offence. Counsel asked the court to take into account his timely admission and cooperation with the police as well as his early plea. Counsel also urged the court to take into account of his congenital medical problem which causes him to easily follow the instructions of others and being easily persuaded. In sentencing the defendant I have taken into account the nature of the offence, the kind of drugs involved, the sentencing authorities and tariffs, as well as mitigation advanced by counsel and those contained in the mitigation letters of the defendant’s parents and the pastor as well as the defendant’s handwritten letter. Although counsel stressed that the defendant was still of a relatively young age at the time of the commission of the offence, I am of the view that he cannot plead extreme youth in this case. For trafficking in ketamine weighing between 300 to 600 grammes, a starting point of 9 to 12 years is to be adopted. Having considered the amount of drugs and all the circumstances in the present case, I adopt a starting point of 9 and a half years’ imprisonment. The defendant is entitled to his one-third discount for his guilty plea. He is sentenced to 6 years and 4 months’ imprisonment. |