HKSAR v. MA HEI KA

DCCC676/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 676 OF 2010

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Reasons for Sentence

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1.   The Defendant pleads guilty to one count of trafficking in a dangerous drug.

2.   On 18 April 2010, a team of police officers conducted an operation at Shun Lee Estate, Sau Mau Ping, Kowloon.  At about 2334 hours on the same day, the Defendant was seen acting suspiciously outside Lee Yat House of the aforesaid estate.

3.   She was then stopped and searched by the police.  5 plastic bags, each containing white powder, were found inside the left outer pocket of the Defendant’s jacket.

4.   The Defendant was then arrested.  She had in her possession cash to the value of HK$1,710 at the time of the arrest.

5.   Under caution, she stated that the K-chai did not belong to her, and she was only delivering the drug for a person named “Ah Tak”.

6.   In a subsequent video-recorded interview, she claimed that she met Ah Tak the previous day and she agreed to deliver the 5 bags of ketamine for him for financial reward.  She stated that she was asked by Ah Tak to pass the drug to a buyer at Shun Lee Bus Station, take HK$2,500 from the buyer and return the money to Ah Tak for a financial reward of $400.

7.   Government chemist confirmed that the 5 plastic bags contained a total of 36.34 grammes of a powder containing 24.05 grammes of ketamine.  The estimated street value of the drug is approximately HK$4,360.

8.   The Defendant is aged 26.  She has 3 previous convictions, with 2 related to possession of drugs offences.  She is a single mother with a 4-year-old girl.  She is now pregnant with the due date of the baby in January next year.  At the time of the arrest, she was working as a part-time beautician.

9.   According to Mr Davies, Counsel for the Defendant, the Defendant only played a small role in the whole operation, namely a courier.  Due to her foolishness, she committed the offence because she was in need of money.

10.   I agree that this is a sad case.  The Defendant is now pregnant and she also is a mother of a 4-year-old girl.

11.   Nevertheless, trafficking in ketamine is a very serious offence and the court must send a clear message that such kind of offence will not be tolerated.

12.   Although the Defendant only acted as a courier, but without her taking part in the operation, the drug would not eventually end up in the end-user.

13.   According to the established guideline in the Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1, trafficking of ketamine in the region of 10 to 50 grammes would attract a sentence in the region from 4 to 6 years.

14.   As 24.05 grammes of ketamine is involved in the present case, I adopt a starting point of 4½ years’ imprisonment.

15.   Giving the Defendant one-third discount for her plea of guilty, the sentence is reduced to 3 years’ imprisonment.

16.   I do not find that any of the mitigating factors advanced by Mr Davies would justify any further reduction in the sentence, and this is the sentence I impose in the present case.