|
DCCC 1235/2011
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1235 OF 2011
------------------------
------------------------
|
Before:
|
H.H. Judge E. Yip
|
|
Date:
|
22 December 2011 at 11:18 a.m.
|
|
Present:
|
Mr Alvin CHUI , Public Prosecutor, of the Department of Justice, forHKSAR
Mr LI James William Labboon, of M/s. James W.L. Li & Co assignedby D.L.A. for Defendant
|
|
Offence:
|
Trafficking in a dangerous drug（販運危險藥物）
|
--------------------------
Reasons for Sentence
--------------------------
Charge and facts
1. The defendant pleads guilty to a charge of trafficking in a dangerous drug, namely 40.7 g of a powder containing 22.65 g of ketamine. In the late morning on 5 September 2011, the police intercepted him riding a bicycle in Cheung Chau. In his pocket was a lemon tea pack hollowed out to stow the said ketamine in 113 bags. After arrest and caution, he admitted having received $200 for keeping the ketamine for someone pending retrieval.
Sentencing guidelines
2. The Court of Appeal in Secretary for Justice v Hii Siew Cheng [2007] 1 HKLRD 1 has stated that traffickers in ketamine of 10–50 g warrant 4–6 years’ imprisonment.
Personal background and mitigation put forward
3. The Defendant is 24 years of age, F. 1 education level. He lives with his family in Cheung Chau. He has 1 previous record for theft. He last worked as a casual delivery worker. He has been a drug user since 2008. He has 2 mitigating letters, one from his employer, one from himself.
Sentencing this Defendant
4. Keeping drugs for someone shall pitch at the lower end of criminality. I take 4 years as the starting point. I reduce it by one-third due to his plea of guilty. There are no other mitigating factors. His sentence is 2 years and 8 months.
|
( E. Yip )
District Judge |
|