HKSAR v. SUM CHUN KIT

DCCC423/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 423 OF 2011

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Reasons for Sentence

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1.  Defendant has pleaded guilty to one charge of trafficking dangerous drugs contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance Cap.134. Particulars of this charge are that the defendant trafficked 91.93 grammes of a powder containing 69.19 grammes of ketamine.

2.  On 2 March this year the defendant was arrested outside his home.  He was stopped and searched by police officers and this amount of dangerous drugs was found in four plastic bags in his pocket and his shoulder bag.  He admitted to the police officers that he had bought the four bags of dangerous drugs to consume himself and to share with his friends.  He says he paid HK$2,000 for this amount of drugs.  However, prosecution witness estimates the street value of this amount of ketamine to be approximately $10,400. 

3.  The defendant says he bought the dangerous drugs that same day and was leaving home with the drugs when he was arrested.  When he was arrested he was in possession of two mobile phones.  One he says was for communicating with family and friends and the other for communicating with the drug dealer directly 

4.  The defendant is 17 years old and has one previous conviction for assault occasioning actual bodily harm where he was sentenced to 15 months probation with a condition to live at Tuen Mun Children and Juvenile Home for the first 7 months of this probation order.  He is presently on police bail for another offence, that of possession of an offensive weapon.  I heard mitigation after the defendant’s plea.

5.  Due to his young age I called for a Background Report.  I did not consider it appropriate to call for reports relating to institutions due to the seriousness of the offence and the quantity of the drugs here.  I have read the report and do not intend to repeat its contents. The defendant has agreed they are accurate and come from him.  Sadly, the defendant’s parents, although they are very supportive, have not been able to control the defendant from a young age.  He was never a motivated student and turned rebellious as soon as he entered secondary school.  Ultimately he was expelled from school in 2009 because he was found to be delivering ketamine to school for financial rewards.  The defendant admits that he himself took ketamine and ice regularly as well as becoming a member of a triad society in 2009. 

6.  Defendant did not perform well on probation, breaking rules and committing offences whilst in the juvenile home.  After the probation order ended he did not change his ways and reacquainted himself with bad peers.  He did work in a legitimate job for a few months but in February this year he quit his job and earned money, a significant amount of money, by delivering ketamine. 

7.  As I have said, he even had a separate mobile to contact his drug supplier and contact directly.  Defendant clearly was deeply involved in drugs and the drug trade by the time he was arrested. 

8.  Defendant’s parents are at their wits end, understandably, and they know he is weak-willed and materialistic.  That makes the defendant an easy target for drug traffickers to recruit as a drug mule. Defendant’s parents, despite this offence, have not given up on him.  They are both here today and willing to arrange new employment and hopefully a new life after the defendant has served a sentence. 

9.  Defendant’s best mitigation is his plea of guilty.  However, trafficking drugs will attract a tariff and in this case, a tariff from the authority of SJ v. Hii Siew Cheng CAAR7/2006 would apply here.  The Court of Appeal has found a 6 to 9 year term of imprisonment appropriate where drugs trafficked were between 50 and 300 grammes.  Youth is not a strong mitigating factor that will allow the courts to be more lenient. Drug traffickers will only be encouraged to persuade juveniles to traffic drugs if courts are more lenient to defendants due to young age.  In any event, this defendant is not an innocent youth.  Defendant has been taking drugs and trafficking drugs for some time before he was finally caught.  I hope this is a wake-up call for the defendant.

10.  Defendant is young and he has plenty of time to turn over a new leaf and put behind him drugs and drug associates.  The defendant should turn to his parents for help and support now and not push them away.  If he does he will live to regret it. 

Defendant, please stand up. I have considered mitigation, the Background Report and the guidelines for trafficking ketamine and I will take a starting point of 6 years’ imprisonment. You will get a discount of 2 years for your plea of guilty today. For this offence you are sentenced to a period of 4 years’ imprisonment.