HKSAR v. PONG HEI KUEN

 DCCC112/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.112 OF 2010

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Reasons for Sentence

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The defendant was charged for:

1.  trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134

2.  Resisting police officers in execution of duty, contrary to section 63 of the Police Force Ordinance, Cap.232

The defendant pleaded guilty to charge 1 and admitted the facts; he is convicted accordingly on charge 1. Charge 2 was put on the court file upon the application of the prosecution

Facts

The defendant and another male MA’s behaviour arouse the suspicion of the officers PW1 – PW3. The officers approached and revealed their identity to the defendant and Ma, then PW1 and PW2 made enquiry with the defendant while PW3 made enquiry with Ma.

Upon a search of the defendant, PW1 found a plastic bag containing 4 plastic bags each containing power of ketamine. Upon finding the drugs, the defendant suddenly put up a struggle. Ma took the opportunity to escape. Eventually PW1 managed to handcuff the defendant and put him under control.

Under caution the defendant admitted he bought the Ketamine and intended to share out the drug with his friends.

Upon examination, the content of those 4 plastic bags seized from the defendant was confirmed to be a total of 10.68 grammes of a powder containing 8.35 grammes of ketamine. The market value of the Ketamine seized is HK$1,281.

I refer to the tariffs in HII Siew Cheng that over 1 gramme to 10 grammes the range is 2 to 4 years imprisonment.

I noted that the defendant stated during his cautioned interview that he was previously a driver earning a monthly wage of HK$9000 to HK$10,000 for about a year, and he was addicted to ketamine and consumed the drug once or twice every week and each dosage cost him HK$200. Should the defendant is a person who would have prepared to spend over 2 month wages on entertainment he would not be able to save up HK$23,276.80 with a monthly wages between HK$9,000 to HK$10,000. I do not accept that the HK$23,276.80 found on him was his savings from his previous job. Further, I noted that the defendant had 2 mobile phones on him. I do not accept that he did not profit from trafficking, yet I accept some of the Ketamine was for his own consumption

I consider the appropriate starting point for trafficking 8.35 grammes of ketamine to be 3.5 years, however, in view of the age of the defendant and some was for his consumption, I reduce it to 3 years.

The defendant aged 23, single, lives with his father and step mother together with his step-siblings. He used to be a transportation worker but he was lay off at the material time. He has two previous conviction records including one possession of dangerous drugs. The defendant has been sentenced to a rehabilitation centre yet he failed to learn a lesson, and he is a member of triad society of 14K.

The defendant entitled to 1/3 discount for his plea, I do not consider there to be any mitigating factor that call for further deduction.

The defendant should take this opportunity to alienate from the triad society and to pick up some skill in the next year or so; then lives an honest life thereafter, and not to waste his life on drugs ever again.

Order

The defendant is sentenced to 2 years imprisonment.