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DCCC1155/2011
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1155 OF 2011
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HKSAR |
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v. |
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Lee Chi-wai |
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| Before: |
H H Judge Tallentire |
| Date: |
16 December 2011 at 9.53 am |
| Present: |
Mr Alex Wong, PP of the Department of Justice, for HKSAR
Mr Cham Yiu-keung, of Cham & Co., assigned by the Director of Legal Aid, for the Defendant |
| Offence: |
(1) & (2) Trafficking in a dangerous drug (販運危險藥物) |
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Reasons for Sentence
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1. Defendant, you pleaded guilty to two offences of trafficking in dangerous drugs, each contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.
2. You admitted the brief facts and I convicted you.
3. The facts were as follows. On 24 August of this year, PW1 and PW2, police officers, saw you alight from a taxi on Des Voeux Road West at about 2207 hours. You were looking around. They intercepted you outside No. 366 and searched you. In the right front pocket of your jeans they found three plastic bags containing suspected dangerous drugs (Exhibits 1 to 3). On arrest and caution, you said that these were for self-consumption.
4. The next day at about 0050 hours, they searched your home at No. 137E, Pok Fu Lam Village, Pok Fu Lam. PW2 found a plastic bag in a metal box on the bunk bed. It contained suspected dangerous drugs (Exhibit 4). You admitted they belonged to you.
5. Interviewed later under caution and on video in the presence of your mother, you admitted the following:
(i) Exhibits 1 to 4 contained ketamine purchased from Ah Lam on 24 August, it was for self-consumption and you paid $2,000.
(ii) You left home at about 2210 hours taking Exhibits 1 to 3 with you to go to an amusement arcade at Sai Wan. Exhibit 4 was left behind. You said that you may not have returned for several days;
(iii) You were employed at the time.
6. Later analysis showed the following:
(i) Exhibit 1 contained 13.80 grammes of a powder containing 9.54 grammes of ketamine.
(ii) Exhibit 2, 13.48 grammes of a powder containing 9.40 grammes of ketamine.
(iii) Exhibit 3, 2.81 grammes of a powder containing 1.93 grammes of ketamine.
(iv) Exhibit 4, 35.02 grammes of a powder containing 22.43 grammes of ketamine.
7. You possessed the exhibits for the purpose of trafficking. At the time of arrest you had in your possession $363.80. The estimated street value of the dangerous drugs was $7,227.00.
8. You admitted to two previous convictions for the dissimilar offences. In view of your age, I adjourned for the taking of a probation officer’s background report, which is now before me, and I understand from Mr Cham agreed by you.
9. Mr Cham entered mitigation on your behalf. In all the circumstances there was in fact little that could be said. He said that you agreed with the contents of the background report and that you are 17, living with your two parents and half- brother. As you grew up you lacked of parental supervision as both your parents had to work. From the report it is clear that your education level is not high.
10. However, he drew to my attention that relationships within the family were harmonious. Mr Cham told me that you are remorseful and promise to get rid of your doubtful associates upon release. He then referred me to and read three letters, one from yourself, one from your mother and one from a social warfare officer who had known you since 2007 and is here today in court.
11. You express your remorse and promise to keep away from drugs. Your mother speaks well of you. I have taken into account the contents of those letters.
12. Finally, Mr Cham ended his mitigation by referring me to your young age and asked for leniency.
13. I turn now to the sentence.
14. Trafficking in dangerous drugs is always a serious offence. Generally, youth is considered to be very little mitigation. The two offences together involve just over 44 grammes of ketamine, placing the sentencing range of 4 to 6 years as a starting point. The background report is not of the best. Also you do not have a clear record though I note this is your first involvement with dangerous drugs. The main mitigation on your behalf is that you have pleaded guilty.
15. Taking all these factors into account, including the contents of the probation officer’s report and the contents of the letters and the entered mitigation advanced on your behalf, I take a starting point of 57 months, that is 4 years and 9 months. Because of your plea of guilty that will be reduced by one-third to 38 months, in other words 3 years and 2 months.
16. You will be sentenced to 3 years and 2 months on each offence concurrently.
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Tallentire |
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District Judge |
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