HKSAR v. YU TAK SHAN, NIKO

DCCC 1137/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1137 OF 2010

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REASONS FOR SENTENCE

1.  The defendant pleads guilty to one charge of trafficking in 32.77 grammes of a powder containing 24.13 grammes of ketamine, contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2.  In summary at about 15.50 hours on the 2nd August last year the police intercepted the defendant outside the ground floor of Lai Nga House in Nam Tin.  One re-sealable plastic bag containing twenty four packets, inside which was the ketamine, was found from the right front pocket of the defendant’s jeans.  Under caution the defendant admitted he intended to sell the ketamine to earn some money. 

3.  In passing sentence I have carefully considered everything said on behalf of the defendant by Mr Bok, together with the letters submitted by the defendant and his father. In his letter the defendant explains he was tempted into trying dangerous drugs after which he spent all his wages on drugs.  At the time of the offence the defendant was unemployed and in need of money.  The defendant has confirmed in court all the drugs were for sale.  I also take into account the defendant’s young age and that he has no prior convictions for drug offences.

4.  In the Secretary for Justice v HII Siew-cheng [2008] 3 HKC 325 the Court of Appeal laid down guidelines for trafficking in ketamine.  Where the narcotic content is between 10 and 50 grammes sentence after trial falls within the range of 4-6 years imprisonment.  I am satisfied the proper starting point after trial for 24.13 grammes of ketamine is 4 years and 9 months imprisonment. Giving the defendant full credit for his plea of guilty he is sentenced to 3 years and 2 months imprisonment.