HKSAR v. Lee Ka Chun

Case No.DCCC 909/2014
Court
District Court
Date13 Jan 2015
Judge
Case Document
100%

DCCC 909/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 909 OF 2014

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  HKSAR  
  v.  
  LEE Ka-chun  
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Before: HH Judge E. Yip
Date: 13th January 2015 at 10:13 am
Present: Mr Ivan SHIU, Public Prosecutor, of the Department of Justice, for HKSAR
  Mr CHENG Kwun Chau Derek, of M/s Cheng & Wong assignedby DLA for Defendant
Offence: [1] 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 a dangerous drug. 

2.In the late evening on 8 July 2014, the police in an anti-narcotics operation noticed that the Defendant was acting in a furtive manner outside a public housing block in Kwai Chung, N.T.  They intercepted him and found 8 plastic bags containing powder (later confirmed by the government chemist to be 62.60 g of a powder containing 53.66 g of ketamine in total).  He was arrested and cautioned.  He told the police there and then that  he was to deliver the ketamine to someone to earn money.  In the subsequent interview, he told the police that he had bought the ketamine for resale to earn money.

3.The estimated value of the drug was over $7,600.  

class="heading"Personal background and mitigation

4.He is 22 years of age.  He has a clear record.  He was born when his parents were only aged 15.  He had been taken care of by his grandmother in his formative years.  He worked as an unskilled worker after F. 4.  He became unemployed 1 month before the offence. 

Sentencing guidelines

5.As laid down in HKSAR v Hii Siew Cheng [2007] 1 HKLRD 1, the sentence for ketamine traffickers of 10 – 50 g shall be, 4 – 6 years, and, for 50 – 300 g, 6 – 9 years. 

Sentencing this defendant

6.I take 6 years as the starting point.  I give a one-third discount for his plea of guilty.  There are no other mitigating factors.  His sentence is 4 years. 

(E. Yip)
District Judge