HKSAR v. WONG LAP KEI

DCCC321/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 321 OF 2009

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Reasons for Sentence

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1.  The defendant pleads guilty to a charge of trafficking in dangerous drugs. The quantum involved is 20.82 grammes of a powder containing 17.06 grammes of ketamine.

2.  The prosecution case was that at about 12:10 am on 11 February 2009, the police was acting on information and found the defendant was alone on the driver seat of a vehicle. He appeared to be waiting for someone and acted furtively. Upon interception by the police, the defendant attempted to drive the van away but was failed. A body search was conducted on him and found the ketamine from his right trousers pocket.

3.  The defendant remained silent under caution. The registered owner of the vehicle was his brother. He said that the defendant took away the vehicle on the day before. His brother did not know that the defendant was engaging in handling dangerous drugs.

4.  As to his criminal record, he has three previous convictions. Two related to drugs offences. As to his background, the content of the antecedent statement was not disputed, it revealed that he is now 21 years of age, single. Before remand, he lived with his parents and two siblings.

5.  In mitigation, I was told that the defendant is a truck driver earning $11,000 per month. The wages that he earned did not go to support his family, instead they were used to finance himself including his drug habit. On the day in question he bought the drugs for his friend. He claimed he had no financial gain from this transaction. Whether it was true or not, there was no way to prove it. But the defendant admitted he bought the drugs for someone else, and on the day in question the police found him appeared to be waiting for someone.

6.  No doubt trafficking in dangerous drugs is a serious offence, a term of imprisonment is inevitable for deterrent purpose. The defendant is now very remorseful. In his own handwritten letter he said that he wished to turn over a new leaf.

7.  In passing sentence I take into account of all the mitigating factors before me, including the quantity involved which was 17 grammes of ketamine. It falls into the sentencing bracket of 4 to 6 years as stated in Hii Siew Cheng CACC126/2007. In the present case, I adopt a starting point of 4 years and reduce it to 32 months to reflect the defendant’s guilty plea.