HKSAR v. Yeung Ka Kuen
DCCC 99/2015 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO 99 OF 2015 ----------------------
--------------------- 1.The defendant has pleaded guilty to one charge of trafficking in a dangerous drug, the quantity being 145 grammes of a powder containing 93 grammes of ketamine. 2.The offence occurred on 6 December 2014 at about 5 o’clock in the afternoon. The defendant was seen outside the McDonald’s restaurant in Wong Tai Sin and was stopped and searched by police officers. 3.On search, a white cloth bag containing 11 transparent resealable plastic bags containing the drugs was found in the left front pocket of the defendant’s jacket. 4.The defendant was arrested and cautioned. He admitted that a person known as “Ah Ming” had asked him to deliver ketamine to a taxi stand in Lok Fu, and he would get a reward of $100 for each packet. 5.The defendant was also found to be in possession of cash over $12,000 and two mobile phones. 6.The defendant made a further video-recorded interview later on. He said he had met “Ah Ming”, who had asked him to deliver the ketamine to a taxi stand in Lok Fu for a total reward of $1,100; that he had been given the white cloth bag by “Ah Ming”, and it was the first time he had helped “Ah Ming” deliver ketamine. 7.The estimated street value of all the ketamine seized was about $19,177. 8.The defendant is a man of clear record. He is aged 20. He is educated to Secondary 5 level. He was unemployed at the time of his arrest. He has previously worked in an internet café and had a salary of just over $11,000. Before his arrest he lived with his mother and was single. 9.His stated reason for committing this offence was that he had become indebted to a loan company, and due to his unemployment was substantially in arrears. He commenced trafficking in dangerous drugs to get easy money. 10.It is said he has been addicted to ketamine for three years. 11.This is the defendant’s first offence of any kind. 12.There are guidelines for the courts for the offence of trafficking in dangerous drugs, especially trafficking in ketamine. They are based on quantity. The relevant guideline places this case in the band of 50 to 300 grammes of drugs, warranting a sentence within the range of 6 to 9 years’ imprisonment. 13.The defendant is a young man of clear record, has shown remorse and has pleaded guilty. The quantity of actual drug in this case is 93 grammes. This is over the lowest point in the guideline, but not substantially. 14.Having regard to the defendant’s clear record and his plea of guilty, I shall adopt the lowest point on the guideline of 6 years’ imprisonment. This will be reduced by one‑third to represent the defendant’s plea of guilty. 15.The sentence is therefore one of 4 years’ imprisonment.
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