HKSAR v. HO MAN KIN

DCCC 867/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 867 OF 2013

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REASONS FOR SENTENCE

The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved is ketamine.

Summary of Facts

2.  About 7:45 p.m. on 10 July 2013, PC 4201 (PW1) spotted the defendant at Ping Yee Road, Yuen Long.  He was holding a white plastic bag (E1) in his right hand.  PW1 approached the defendant to make enquiries.  Suddenly, he dropped E1 on the ground next to his right foot.

3.  PW1 immediately picked up E1 and found 1 resealable plastic bag inside, which later found to contain 43.45 grammes of a powder containing 30.73 grammes of ketamine.  Under caution, the defendant remained silent.  He also remained silent in his video recorded interview.

4.  The defendant's residence at Fu Tai Estate, Tuen Mun was searched.  Nothing suspicious was found.

Mitigation & Sentence

5.  The defendant is now 25, single and has 2 conviction records, both of which are "simple possession".  Defence counsel Mr. JIM informed me that the defendant is a wielding worker earning $550 per day.  He joined the work force at the age of 16 after completing his vocational training.

6.  Mr. JIM explained that the defendant's parents had a poor relationship, and his father was seldom home.  As a result, in 2008, the defendant was lured into ketamine abuse by undesirable peers, thinking that it would make him happy.  He was recently recalled to a Drug Addiction Treatment Centre and is still being treated there.

7.  Mr. JIM submitted that in the present case, the defendant purchased the ketamine in bulk due to an attractive discount.  He stressed that the ketamine was contained in 1 bag only.  He also submitted that the quantity of the ketamine found is enough for the defendant's 1-month consumption.  Furthermore, the defendant would share half of that bag with friends at cost, without making any profit.

8.  A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment even for fresh offenders.

9.  The Court of Appeal has laid down clear sentencing guidelines for trafficking in ketamine (see SJ v HII Siew Cheng [2009] 1 HKLRD 1).  For 10 to 50 grammes, the sentence ranges from 4 to 6 years' imprisonment.  In the present case, the defendant trafficked in 30.73 grammes of ketamine.  The appropriate starting point is 5 years' imprisonment. 

10.  Regarding the defendant's claim for self-consumption, I have reminded myself of the relevant sentencing principles.[1] He is a drug addict, the possibility of self-consumption exists.  As to the quantity, taking into consideration of his earning ability, age, personal background and the lack of trafficking paraphernalia, I also find it possible.  In other words, I accept there is a genuine possibility that the defendant may consume half of the ketamine found and share the other half with friends at cost.  Hence, I will grant him a 15% discount, reducing the sentence to 51 months.  Finally, a one-third discount is given for the guilty plea, reducing the sentence further to 34 months.   The defendant is sentenced to 34 months' imprisonment.