HKSAR v. NG ZI-JIN, ALISTAIR

DCCC310/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 310 OF 2009

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Reasons for Sentence

1.  The defendant pleaded guilty to a charge of trafficking in dangerous drugs.  The quantity involved is 17.30 grammes of ketamine.  The defendant was stopped by the police on 10 February 2009 at about 6.30 pm and was found on him 37 resealable plastic bags of ketamine in his trousers pocket.  He was arrested for the offence.  Under caution, he said that he delivered the drugs to others.

2.  In the video record of interview, he further admitted that he agreed to deliver the drugs from Fu Shin Estate to a park in Tai Po Market, and he would be rewarded for $300.  He said that he had no money, he did not want to ask his family member for money and therefore he just wanted to earn money for himself.

3.  Now, in mitigation, I am told that the defendant has a clear record.  He is now 18.  He was born in Scotland and returned to Hong Kong in 1994 and continued his education in Hong Kong until Form 3.  His father is an engineer; mother is a housewife.  He has great interest in football and sports.  From all the documents from his previous school and different sports clubs, I can see that the defendant’s dream is to become a professional footballer. 

4.  His mother is in court today.  She also wrote a letter to this court, telling me the same thing.  She now realised because of his interest in sport, that reduced his studying times and communication time with his parents.  His parents ask for leniency from this court.

5.  The defendant is a young man and obviously got into the wrong track and committed the present offence.  As his counsel points out, the strongest mitigating factor is his guilty plea.  In the case of Hii Siew Cheng, CAR 7/2006,      17.30 grammes of ketamine falls into the 4 to 6 years’ sentencing bracket. 

6.  Having considered all the mitigating factors before me, including the fact that the defendant was co-operative with the police and his young age, I adopt a starting point of 4 years, reduced to 32 months to reflect his guilty plea.