HKSAR v. Young Wun Man

DCCC 748/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 748 OF 2014

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Reasons for Sentence

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1.The defendant has 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.

2.The facts of this case are straightforward.  On 12 June 2014, outside Auto Plaza, Mody Square, Tsim Sha Tsui, Kowloon, you were stopped by a police officer who thought you were acting suspiciously. Upon a search, a bag of powder was found in a trouser pocket.  The officer suspected it was ketamine and arrested you for trafficking in a dangerous drug.

3.Under caution, you admitted that you intended to sell the ketamine to earn money to treat your wife’s mental illness.

4.When you were escorted to a police vehicle there was a second search, this time of your white plastic bag in your possession. In that bag and in a box the police found another further three plastic bags containing powder.

5.In fact, the total amount of ketamine from both searches added up to 54.77 grammes of a powder containing 42.32 grammes of ketamine.

6.In a subsequent video-recorded interview, although you refused to answer any questions, you did tell the police at the scene that you had intended to sell the ketamine to earn money to treat your wife’s illness.

7.Nothing suspicious was found in your home.

8.It is agreed that the estimated street value of the ketamine was $6,463.

9.Your best mitigation is your plea of guilty. You are not a man of clear record; you have 17 previous convictions, of which seven relate to drug offences.  What concerns me is that two of those seven are trafficking in dangerous drugs offences.  The first was in 1992, when in Kwun Tong Magistracy you were sentenced to a probation order.  The second was in 2001, when in the District Court you were sentenced to 4 years’ imprisonment. Your last dangerous drugs conviction was just prior to this case, where on 15 April this year you were sentenced to 2 months’ imprisonment, but it was suspended for 24 months.  The offence was possession of dangerous drugs, and from the court file I can see it was a small amount of heroin.  So you are and agree that you are in breach of that suspended sentence.

10.I have heard details of your background and know that you are 49 years old.  You were educated up to Form 1 standard, and by your own admission, were involved with dangerous drugs at a young age, and can accept that it ruined your life.  As a result of your involvement with drugs you lost all your family and friends and have been in and out of court and prison many times.

11.You were married but had no children, and you are now divorced.  You live with your girlfriend, who you describe as your only companion.  You are a casual worker.  When you were arrested you were earning about $5,000 a month.  But your girlfriend is of ill health and is suffering from cancer as well as mental health issues.  You have explained that you were only hoping to make money from delivering drugs to support her and her medical expenses.

12.I have received two mitigation letters, one from yourself, where you explain your situation, your remorse, and ask for leniency.  I have a second mitigation letter from Reverend Chang of Christian New Life Association, where he explains that he has visited you in prison, offered you solace and some hope, and writes that he feels your remorse is genuine.  I have taken into account the contents of those letters and mitigation before.

13.I have also considered the guideline authority of Secretary for Justice v Hii Siew Cheng [2008] 3 HKC 323, where the Court of Appeal sets out guidelines for sentencing those that traffic ketamine.  The relevant guideline here is where between 10 to 50 grammes is involved, a starting point of between 4 to 6 years’ imprisonment would be appropriate.

14.Please stand up.  I have considered the facts of this case, the quantity of dangerous drugs involved, the mitigation put forward on your behalf, your background, as well as the sentencing guidelines.

15.After considering all those relevant factors, I take a starting point of 5 years and 3 months’ imprisonment.  You pleaded guilty, and you are entitled to a discount of one‑third.  After that discount, you are for this offence sentenced to 3 years and 6 months.

16.I have to deal with the obvious breach of a suspended sentence.  I take into account that that suspended sentence was for a drug-related offence and breached only two months after it was imposed.  I see no reason not to activate the 2 months’ sentence of KT 1633/2014.

17.Therefore, I order that the 2 months of that sentence be ordered to run consecutively to today’s sentence.

18.Therefore, the total sentence will be one of 3 years and 8 months.  Do you understand that sentence?