HKSAR v. PANG CHI TAT

DCCC1121/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1121 OF 2011

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Reasons for Sentence

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1.  The defendant was found guilty after trial of a charge of trafficking a dangerous drugs, namely 24.55 grammes of a powder containing 18.08 grammes of ketamine.

2.  He was arrested on a pavement opposite to the World‑Wide Industrial Centre, Kwei Tei Street, Shatin. Two bags of drugs in question were found from his pocket. 

Mitigation

3.  The defendant has a clear record. He is 17 years old, a Form 6 student.  He lives with his mother and two sisters.  I have also been provided with the defendant’s school reports and a number of certificates which shows that the defendant is very poor in his academic achievement; however, he is very talented in performance.  His outstanding performance has been awarded with prizes in the Hong Kong Creative Drama Festival and the Hong Kong School Drama Festival.

4.  There are a number of letters from his family, friends, teachers, former employer (McDonald’s) and the defendant himself. 

5.  His teachers and parents said that the defendant has demonstrated himself to take advice from them and changed himself from bad to good.  As to the defendant himself, he is now very regretful and remorseful.  The defendant is determined to turn over a new leaf when he is released from jail in the future.

6.  Yesterday, the defence asked this court to consider the case of Wong Suet Hau CACC366 and 487/2000 before sentencing the defendant as the ketamine in question was for the defendant’s self-use.  However, I disagree.  I do not consider that the case of Wong Suet Hau was applicable at this stage as the issue of self-consumption has been dealt with in the trial and I have made a ruling to reject this point of argument.  Today, the defence rightly withdrew this point of self-consumption in mitigation.         

Sentence

7.  There is no doubt that the defendant has been convicted of a very serious offence.  The quantity involved is 18.08 grammes of ketamine.  According to Hii Siew Cheng CACC126/2007, it falls into the sentencing bracket of 4 to 6 years.   

8.  Taking into account of all the mitigating factors and the quantity involved, I order the defendant a term of imprisonment of 4 years and 3 months.