HKSAR v. Chau Chi Yeung
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DCCC 1067/2014 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO 1067 OF 2014 ----------------------------------
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---------------------------------- 1.The defendant has pleaded guilty to two charges of trafficking in a dangerous drug, both occurring on 15 August last year, and both in the vicinity of the Sheung Fook Building at Fuk Wing Street in Sham Shui Po. 2.The 1st charge involves the trafficking in 118 grammes of ketamine, and the 2nd charge is a total of 11 grammes of ketamine. 3.The defendant has agreed the facts, and I have convicted him of the two offences. 4.The facts showed that the defendant was intercepted at the lobby of the Sheung Fook Building by police officers. He was then searched, and a blue shoulder bag that he was carrying was found to contain five transparent resealable plastic bags containing a further 66 resealable plastic bags with white solid in them, and the total drug in the white solid was 118 grammes of ketamine. 5.He was arrested and cautioned, and he has told the police that he was delivering ketamine to someone. 6.The defendant had the keys to a room inside the building. That was Room C on the 2nd Floor of Sheung Fook Building, and a search was conducted there with the defendant. 7.A further 11 transparent resealable plastic bags containing white solids were found. There was a total of 11 grammes of ketamine. There were also transparent resealable bags and an electronic scale, and he said that that ketamine was also for delivery to someone, and he was in fact the tenant of that room. 8.There is a total of 129 grammes of ketamine in both charges, valued at $15,351. 9.The defendant is 19 years old, and, as at this time, is of clear record. There is an outstanding offence, but he should be treated at this point as a person of clear record. 10.Because he is still a young man - he is in the age range of 18 to 21 years old - I obtained a report on him. 11.He was frank about his problems. He has suffered from reading disability since primary school. This has hindered his education, especially after he moved into senior school. 12.He has had casual employment as a part-time worker at a barbecue site, a store-keeper and a lorry delivery worker, and started working in what he described as trafficking in ketamine around March 2014, and at the same time, he apparently became a member of a triad society. 13.The defendant is remorseful. He has told the probation officer he is ready to receive imprisonment. He wants to engage in decent work on discharge from prison. 14.In his favour are his mother and elder sister who continue to support him. 15.The defendant is a young, immature man with a difficulty in learning. He is the kind of man that these criminal syndicates prey upon to engage in their trafficking activities. 16.As far as the sentence is concerned, clearly a sentence of imprisonment is appropriate. There are long‑established guidelines for the sentencing of these particular kinds of offence. 17.The 1st charge involves 118 grammes of ketamine. That puts it in the range of 50 to 300 grammes in terms of sentencing, which is a sentencing range of between 6 to 9 years’ imprisonment. 18.The 2nd charge involves 11 grammes of ketamine, which puts it just inside the range of 10 to 15 grammes of ketamine, which is between 4 to 6 years’ imprisonment. 19.The offences were committed in and around the same location, and clearly involved the same store of drugs. 20.Having regard to the defendant’s youth and clear record, I propose to take the lowest point on the sentencing guideline for the starting point of sentence in respect of each charge. 21.That means in respect of the 1st charge, I take a starting point of 6 years’ imprisonment, and reduce that to 4 years’ imprisonment having regard to the defendant’s plea of guilty. 22.In respect of the 2nd charge, I will take a starting point of 4 years’ imprisonment, and reduce that to a sentence of 2 years 8 months’ imprisonment having regard to the defendant’s plea of guilty. 23.Taken as a whole, the 129 grammes of ketamine in both charges would be within a starting point of 6 to 9 years’ imprisonment. And again, having regard to the defendant’s youth and clear record, I would take the lowest point in the sentencing range as a starting point. 24.I also bear in mind the offences were committed close together and effectively, as I say, involved the same store of drugs, and what I shall do is order the sentences in the 1st and 2nd charge be served concurrently, giving a total of 4 years’ imprisonment.
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Further hearings and rulings under DCCC 1067/2014