HKSAR v. LI WAN TING

DCCC1236/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1236 OF 2009

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a single charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134, Laws of Hong Kong.

2.  The Summary of Facts which you have admitted quite simply indicate that you were stopped and searched on the evening of 11 September by police who were conducting an anti‑dangerous-drugs operation in the area of Yin Chong Street, Mongkok. Inside your handbag, three packets of ketamine were found, and you told the police that you were only a courier and were delivering the ketamine to others for a reward of $200. These three packets were found to contain 54.29 grammes of a powder containing 8.45 grammes of ketamine.

3.  You are still young, only 22 years of age and have a disappointing record which indicates that you have had problems with drugs for the past five years or thereabouts. I have been told by counsel on your behalf that you committed this particular offence due to financial pressure as your father died last year. But the only real mitigation is your plea of guilty, and I will give you full credit to reflect that.

4.  The relevant sentencing guidelines for trafficking in ketamine can be found in Secretary for Justice v Hii Siew Cheng [2008] HKCA 200. And for trafficking in between 1 and 10 grammes of ketamine, the starting point is 2 to 4 years' imprisonment.

5.  I take as my starting point a sentence of 3 years'  imprisonment. I will discount this by one-third to take account of your plea of guilty, coming to a sentence of 2 years' imprisonment.