HKSAR v. Wong Pak Lok
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HCCC 236/2014 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CRIMINAL CASE NO 236 OF 2014 -----------------
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--------------------------------- Transcript of the Audio Recording --------------------------------- COURT: The defendant pleaded guilty to one count of trafficking in a dangerous drug. The subject dangerous drug is 0.24 kilogrammes of a mixture containing 0.19 kilogrammes of ketamine. On 14 February 2014, the defendant was stopped by police officers outside Shin Mei House in Fu Shin Estate, Tai Po. The defendant was holding a white box in his hand and upon search a resealable plastic bag containing the subject ketamine was found inside. A sum of HK$30,800 was also found inside the pocket of the defendants jacket. The estimated retail value of the ketamine involved was HK$27,840. The defendant is 21 years old. He received education up to Form 3 level. He was a transportation worker at the time he was arrested and according to Mr Chau, counsel representing the defendant, he was earning $14,000 per month. He has one previous record of possession of dangerous drugs which was committed in 2009 for which he was sentenced to the DATC. Trafficking in dangerous drugs is a serious offence and the Court of Appeal has laid down sentencing guidelines in the case Hui Siew Shing for trafficking in ketamine. As rightly pointed out by Mr Chau, for trafficking in a quantity of 50 to 300 grammes of ketamine, the sentencing range should be a term of 6 to 9 years’ imprisonment. In the present case, taking into account of the quantity of ketamine involved, the age and background of the defendant, I accept that the appropriate starting point for sentence is a term of 7 years and 6 months’ imprisonment. Giving the usual one-third discount for the guilty plea, the sentence is reduced to 5 years’ imprisonment. |