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DCCC 821/2019
[2020] HKDC 109
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 821 OF 2019
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| Present: |
Mr Michael Leung, counsel on fiat, for HKSAR
Mr Simon Yip instructed by Francis Kong & Co, for the defendant |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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REASONS FOR SENTENCE
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1. The defendant pleads guilty to one charge of trafficking in 34.41 grammes of a powder containing 28.09 grammes of ketamine, contrary to section 4 of the Dangerous Drugs Ordinance[1].
2. Full particulars of the offence are set out in the facts admitted by the defendant today.
3. In summary at around 1720 hours on 30 July last year the police were conducting an anti-drug operation inside the Yau Ma Tei Carpark Building at No. 250 Shanghai Street in Yau Ma Tei when they intercepted the defendant at parking space number 3039.
4. The police conducted a search and found underneath the waistband of the defendant’s underwear sixty-seven plastic bags containing the ketamine.
5. The defendant was also found in possession of $18,980 and three mobile phones. In a subsequent video recorded interview, the defendant admitted the three mobile phones belonged to him.
6. The estimated street value of the ketamine was $16,489.
Mitigation
7. In passing sentence, I have carefully considered the oral and written submissions of Mr Yip including that due to great financial hardship the defendant committed the present offence of trafficking in a dangerous drug[2].
8. I have read the mitigation letter written by the defendant in which he expresses his remorse and the letter from his wife in which she describes the defendant as a good man who has worked hard and taken care of her and their two children.
9. The defendant’s wife has attended court today to show her support for the defendant.
10. I take into account the defendant has no previous convictions.
Guidelines
11. In Secretary for Justice v Hii Siew Cheng[3]the Court of Appeal laid down guidelines for trafficking in ketamine. Where the narcotic content is between 10 and 50 grammes sentence after trial falls within the range of 4-6 years.
12. On a purely arithmetical approach a starting point of just less than 4 years and 11 months would be appropriate for trafficking in 28.09 grammes of ketamine.
13. Taking into account the defendant has no previous convictions I adopt a lower starting point of 4 years and 9 months’ imprisonment.
14. Giving the defendant full credit for his plea of guilty he is convicted and sentenced to 3 years and 2 months’ imprisonment.
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(D. J. DUFTON)
District Judge |
[1] Chapter 134.
[2] See §§3, 9 & 10 of the written mitigation submission.
[3] [2009] 1 HKLRD 1.
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