HKSAR v. YEUNG CHUI

DCCC726/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 726 OF 2012

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to three charges of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

2.  The modus operandi for each offence was the same. An undercover policewoman would telephone you and you would then meet at the Shan King Estate car park and sell her a packet of drugs which were ketamine. This happened on three occasions.

3.  The first time was as per the 1st charge on 8 May 2012 whereby you sold her one packet of ketamine for $800 which weight was 13.14 grammes of powder containing 11.11 grammes of ketamine.  The second occasion was three days later on 11 May, to which you sold her 12.96 grammes of a powder containing 7.77 grammes of ketamine, this time for an amount more than the original sale of $850.  About 12 days later, on 23 May, you sold her the third packet of 14.11 grammes of a powder containing 8.61 grammes of ketamine, again for $850.

4.  On that third occasion you were arrested for trafficking in dangerous drugs.  The contact number of the undercover officer was stored in the memory of your telephone in the name of Shan Girl.  On each occasion you had used your own vehicle to carry out the sale of the dangerous drugs.  On the first occasion it was a car registered JJ7072.  On the second and third occasion it was another car KK6755. 

5.  On the first occasion you had, in fact, invited the undercover officer into your car to sell the drugs to her.  On the second and third occasion you remained seated in the driver’s seat whilst the undercover officer went up to the car and handed the marked bank notes over to you. 

6.  You are 27 years of age and have one previous conviction of possession of a dangerous drug, to which you were fined $700 in November 2010.  Your counsel Mr Simon Ng has mitigated fully and thoroughly on your behalf today.  I have taken into consideration all that he’s had to say for you when imposing my sentence.  I have also taken into account the many letters written for you by your wife, your parents, District Board members, and also the various medical conditions your family members have suffered.  I have also taken note of the contents of the letter written by you.

7.  In summary, the reason why you committed this offence, I am informed, is because you were under great pressure.  You were unemployed at the time and had to support your parents, your young son and your pregnant wife.  Therefore you, as Mr Ng says, stupidly committed these offences in May. 

8.  You have now been in custody for four months, and you are remorseful and regret your misdoings.  Mr Ng rightly points out that the guidelines for trafficking in Ketamine is laid down in the case of Hii Siew Cheng.  In the three charges the total amount of drugs involved was 27.49 grammes of ketamine.  That amount falls within the third bracket of sentencing tariffs of 10 to 50 grammes.  A sentence of 4 to 6 years imprisonment is warranted as a starting point after trial. 

9.  In those circumstances, defendant, taking into account the amount of drugs that you had in your possession for trafficking, I take into account the total quantity of drugs involved, after which however I shall then sentence you on each charge individually.

10.  Defendant, for the total amount of drugs involved, that is 27.49 grammes, an appropriate starting point after trial would be one of 4 years 9 months’ imprisonment.  However, giving you full credit for your plea of guilty, that term should be reduced to 3 years 2 months’ imprisonment, to which you shall be so sentenced. 

11.  I shall now give you the sentence on each charge.  On Charge 1 the appropriate starting point would have been 4 years' imprisonment, and that shall be reduced to 2 years 8 months.  On Charge 2 the starting point would have been 3 years 6 months, and reduced to 2 years 4 months taking into account your plea of guilty.  Charge 3, a starting point would be 3 years 6 months’ imprisonment, taking into account your plea of guilty, the sentence will be 2 years 4 months.

12.  Those sentences shall run partly concurrent, partly consecutive to make up a total term of 3 years 2 months. 4 months of Charge 2 is to run consecutive to Charge 1, and 2 months of Charge 3 is to run consecutive to Charge 1, making a total of 3 years 2 months’ imprisonment.