HKSAR v. KAM TZE YEUNG

 DCCC963/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 963 OF 2009

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Reasons for Sentence

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1.  Defendant, you pleaded guilty to one offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

2.  The facts were as follows. At approximately 5.30 pm on 8 July last, police officers intercepted you outside No. 23 Ha Ling Pei, Tung Chung. Using keys found in your possession, they entered flat A on the 1st floor of that house. On top of the TV, an officer found a metal container in which were the following:

(a)  four plastic bags of suspected ketamine;

(b)  two packs of dehumidifier; and

(c)  a plastic bag containing 101 empty plastic bags.

3.  Under caution, you admitted the four plastic bags contained ketamine for your own consumption. Subsequent analysis of the contents revealed the following:

(a)  one bag contained 26.4 grammes of powder containing 21.94 grammes of ketamine;

(b)  one bag contained 26.35 grammes of powder containing 21.89 grammes of ketamine;

(c)  one bag contained 26.39 grammes of powder containing 21.83 grammes of ketamine; and

(d)  one bag contained 26.38 grammes of powder containing 21.2 grammes of ketamine.

The total was therefore 105.23 grammes of powder containing 86.88 grammes of ketamine.

4.  Interviewed under caution and on video, you claimed to have bought the drugs on 6 or 7 July for $5,000 and that they were for your own consumption. You in fact possessed the ketamine for trafficking. You admitted to nine previous convictions on three separate occasions, none were similar, and the last was some 12 to 13 years ago.

5.  On your behalf, Mr Khosa entered mitigation. He told me that you are 30 years of age, a divorcee but with a steady girlfriend who is the mother of your two-year-old daughter. You were until your remand employed as a driver, a store clerk. You reside with your parents but, unfortunately, your mother is in poor health.

6.  Mr Khosa stressed that this was the first conviction involving drugs and that your last conviction was some time ago. He said the basis upon which you pleaded guilty was that you had the drugs for your own consumption and to share with friends. Those drugs were not for sale. He described your taking of ketamine as a misplaced habit. He referred to the fact that no scales were found in the premises or indeed the other usual paraphernalia of drug trafficking apart from the plastic bags.

7.  He referred me to a letter that you had written expressing your remorse. He stressed the saving of the court time with your plea of guilty and urged me to take the lowest starting point possible.

8.  I turn now to the sentence. I do note that your family is here today to offer you support. Mr Khosa tells me that you have been advised that the usual starting point for this amount of ketamine is between 6 and 9 years. That of course is a sentence of immediate imprisonment. I do note that this is your first conviction involving drugs, that you were essentially co‑operative with the police upon arrest, and I am prepared to give you the benefit of the doubt and accept that a large portion of these drugs was for self-consumption. The rest would have been shared with friends. This was not for commercial trafficking.

9.  It is of course impossible to estimate the percentage of drugs that would have been used by yourself. Having said that, this does remain a very serious offence. I do commend you for your plea of guilty. It is the only sensible plea in the circumstances. I take into account all that has been said in mitigation. As I said, I am giving you the benefit of the doubt and I will take a slightly lower starting point than the usual.

10.  For that purpose, I will take a starting point of 69 months which is 5 years and 9 months. Your plea of guilty entitles you to a one-third discount. You will have that discount. The sentence is therefore reduced to 46 months, and that is 3 years and 10 months.