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DCCC 1003/2011
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1003 OF 2011
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HKSAR |
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v. |
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CHEUNG CHUN YUEN |
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Before:
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H.H. Judge E. Yip
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Date:
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24 October 2011 at 12:00 noon
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Present:
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Mr Bobby CHEUNG Man Kwan, Public Prosecutor, of the Department of Justice, for HKSAR
Mr KARBHARI Jal Nadirshaw, of M/s. Jal N. Karbhari & Co assignedby D.L.A. for Defendant
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Offence:
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Trafficking in a dangerous drug（販運危險藥物）
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Reasons for Sentence
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Charge and facts
1. The defendant pleads guilty to trafficking in 54.82 g of a powder containing 26.03 g of ketamine. In the late evening on 19 July 2011, the police searched him inside a public toilet in Tsim Sha Tsim. He had a white cigarette box containing the said drug in 2 bags. After arrest and caution, he admitted delivery to the toilet for a reward of $1,000. Its estimated street value was $6,542.
Personal background and mitigation put forward
2. He is 25 years of age, of F. 1 level. He had a string of criminal records. Possession records aside, he was once sentenced to 9 months for trafficking. He was unemployed at the time of arrest. He last worked as a delivery hand. His parents had separated. He committed the present offence whilst on court bail for a possession case in Eastern Law Courts (E/1445/11). His solicitor accepts it as an aggravating factor in sentence.
Sentencing guidelines
3. According to Secretary for Justice v Hii Siew Cheng [2007] 1 HKLRD 1, the sentence shall be 4–6 years for 10–50 g of ketamine.
Sentencing this Defendant
4. I take a starting point of 4½ years. One-third off for his plea of guilty, the sentence is 3 years as he has no mitigating factors otherwise.
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( E. Yip )
District Judge |
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