HKSAR v. CHAN WAI YIN

DCCC1220/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.1220 OF 2010

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Reasons for Sentence

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The defendant was charged for trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134

The defendant pleaded guilty and admitted the facts, he is convicted accordingly.

Facts

On 22 September 2010, upon stop and search, the defendant was first found in possession of a plastic box in the right front pocket of his trousers containing:

1. 1.  plastic bag contained 3.32 grammes of a crystalline solid containing 3.04 grammes of Methamphetamine Hydrochloride,

2. 2.  plastic bags contained a total of 0.58 gramme of a solid containing 0.32 gramme of Cocaine.

And further 6 plastic bags contained a total of 16.27 grammes of a powder containing 13.6 grammes of Ketamine was found in the bag of the defendant. Under caution the defendant claimed the drugs were for his own consumption.

The estimated total street value of the dangerous drugs was about $4,300. The drugs were partly for his own consumption and partly for trafficking.

Mitigation

The defendant aged 28, separated with his wife and lives with his parents, he was unemployed and on public assistance. The defendant is a drug addict; he has 11 previous convictions of which 2 related to possession of drugs. The defendant was last discharged from prison on 12 April 2010 and he committed the present offence on 22 September 2010, his last conviction on 8 October 2010 for infringing copyright works offence was committed before the present offence.

It is submitted that the defendant has not yet paid for the drugs concerned in the present case, and he intended to pay for the drugs after he sold the drugs. Although the defendant intended to consume part of the drugs but I considered there is a high potential risk that all the drugs would pass on to others for monetary return if opportunities arise.

I refer to the sentencing guideline in Attorney-General v Ching Kwok Hung [1991] 2 HKLR 125, R v Lau Tak Ming [1990] HKLR 370, Secretary for Justice v Hii Siew Cheng CAAR7/2006, and the consideration as stated in HKSAR v Wong Suet Hau [2002] 1 HKLRD 69; and after taking into account of the circumstances of the present case, including the packaging, the quantity of ketamine and ICE, I consider the appropriate starting point to be 4 years and 9 months.

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

Order

The defendant is sentenced to 38 months imprisonment.