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DCCC302/2010
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 302 OF 2010
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Before:
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H H Judge Tallentire
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Date:
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20 August 2010 at 9.59 am
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Present:
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Mr Duncan Percy, Counsel on fiat, for HKSAR
Mr Ho Chun-lui Jeff, instructed by Simon Wong & Co., assigned by the Director of Legal Aid, for the Defendant
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Offence:
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Trafficking in dangerous drugs (販運危險藥物)
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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. You admitted the brief facts and I convicted you.
3. The facts were as follows.
4. At about 2300 hours on 17 January last, police officers at a road block on Chai Wan Kok Street, Tsuen Wan, stopped a private car. PC1699 (PW1) approached the car and saw you sitting on the driving seat with two female passengers. PW1 was suspicious and asked you to alight for a body search. From your rear jeans pocket, he seized a black plastic bag containing seven small transparent plastic bags, each containing white powder.
5. Under caution, you told PW1 that they were “K Jai”. You said that around 8 pm that night, an unknown male in Tuen Mun told you to deliver them and collect $3,000, of which you could keep $500. The male would contact you later. You also said that the females did not know that you were carrying dangerous drugs.
6. At 2330, PW1 arrested you for trafficking in dangerous drugs and cautioned you. You said you understood and asked the officer for a chance.
7. Later, in an interview under caution, you repeated your admission but refused to disclose to whom you were to deliver the dangerous drugs.
8. Later analysis revealed the powder to be 137.52 grammes of powder containing 111.84 grammes of ketamine, with a street value of $15,402.
9. You admitted to two previous convictions on the same occasion. They were of different nature.
10. Mr Ho, on your behalf, entered mitigation and produced a letter that you had written to the court. He told me that you are 29 years of age, divorced with a daughter of 9, whom you look after. You live with your parents and three siblings.
11. Mr Ho said that as a teenager, you became involved with dubious people and this led to drugs. You now express your regret for the matter.
12. You had been distant from your family during your teenage years. However, since your remand, you have come to value the love and support of your family.
13. In your letter you expressed an intention to mend your ways.
14. Realistically, Mr Ho said the only real mitigation in this case was your plea of guilty.
15. I turn now to the sentence.
16. I took into account all that was said in mitigation and also the contents of the letter you had written to court.
17. I note that this is your first drugs offence and you have a light criminal record.
18. I also note, for what it is worth, that you acted honourably in making clear that your two female passengers were not involved. That is to your credit.
19. It is also clear from the admitted facts that you were frank and cooperative with the police from the outset.
20. Against this mitigation is the very high amount of ketamine involved and the serious nature of the charge. Quite rightly, Mr Ho noted the tariff to be some 6 to 9 years of imprisonment, being within the range of 50 grammes to 300 grammes of ketamine.
21. I give you credit for the mitigation advanced.
22. In all the circumstances, I take a starting point of 6 years and 3 months’ imprisonment; that is 75 months.
23. For your plea of guilty, you will receive a full one-third.
24. That reduces the sentence to 50 months; 4 years and 2 months’ imprisonment.
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Tallentire |
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District Judge |
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