HKSAR v. TSE CHAK MAN

 DCCC248/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 248 OF 2009

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Reasons for Sentence

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1.  The defendant has pleaded guilty to one offence of trafficking in a dangerous drug.  This occurred on 24 January 2009 in Yau Ma Tei and involved 34.3 grammes of a powder which contained 21.99 grammes of ketamine.  The defendant agreed the Summary of Facts and I convicted him on his own plea.

2.  The facts show that on the early morning of 24 January 2009, police officers were patrolling in Woosung Street in Yau Ma Tei.  The defendant was searched.  Three plastic bags of ketamine were found in his left front trousers pocket.  Those bags contained the 21.99 grammes of ketamine.  The defendant had said at the time the drugs were for his own consumption.

3.  The antecedent statement of the defendant showed that he was in fact 20 years old, had worked as a salesman, claimed that he was a drug addict and was in fact subject to a 1-month sentence of imprisonment but had been suspended for 12 months on 29 October 2008.  The defendant admits he is in breach of that suspended sentence.

4.  In sentencing the defendant, I of course had to bear in mind his youth.  He is still eligible by age for the programmes run by the Correctional Services Department’s special training centre, but the fact that the defendant was convicted of this offence and that he was subject to a sentence of suspended imprisonment made him an unsuitable candidate.  I did not obtain reports from the Correctional Services Department.  I obtained a report on his background from the probation services.

5.  The defendant’s background report shows a somewhat unfortunate upbringing.  The conclusion of the report shows that the defendant had in fact been put under the care of his paternal grandmother, and his mother had been unable to render close supervision to him.  Similarly, his father had been depressed and dependent on CSSA since 1998.  The conclusion was that the parental supervision on the defendant was loose.  The defendant dropped out of school without completing Form 3 and failed to establish a work pattern and, naturally, became involved in the abuse of drugs which started at about the age of 17 and led to the commission of the earlier offence involving the possession of that drug by him.

6.  The defendant has also been involved with a young lady.  This has led to an unplanned pregnancy, and his girlfriend will eventually deliver the child and so he will become a father.  It is the present intention of the parents, namely, the defendant and his girlfriend, to bring up the child together.  The defendant sees he has the responsibility to care for his pregnant girlfriend, and she has been referred to the Social Welfare Department while the defendant is in prison.  So I said an unfortunate background for such a young man. 

7.  Now, what can be said in the defendant’s favour is that he has shown remorse by his plea of guilty to this offence, and he tells the court that he has the determination on his release from prison to turn a new leaf.

8.  As far as sentence is concerned, it is common ground that the starting point for sentence for this quantity of drugs would be between 4 to 6 years’ imprisonment.  So that is in the range of 10 to 50 grammes.  And, normally, one could expect a starting point for sentence in the region of about 4 and a half years’ imprisonment for this quantity of drug. 

9.  The defendant falls into a somewhat unusual category in that he is not yet fully adult.  He is not 21 yet although he is over 18, so he is an adult for the purpose of sentencing.  Because of his youth and also because of the responsibility he has towards his girlfriend and his child that will be born while he is in custody, I will take the lower end of the starting point for him and take a starting point for sentence on this offence of 4 years’ imprisonment.

10.  The defendant has pleaded guilty and is entitled to a full one-third discount for sentence.  This would bring the defendant’s sentence down to 2 years and 8 months’ imprisonment.  Naturally, there is also the suspended sentence of which he is in breach.  That will have to be served and will have to be served consecutively to this sentence which is an additional 1 month, leading to a final sentence of 2 years and 9 months’ imprisonment.