HKSAR v. CHAK HON YIN

DCCC749/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 749 OF 2010

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Reasons for Sentence

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1.  Defendant, you appeared as D1 in this case and you pleaded guilty to a single offence of trafficking in dangerous drugs, 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.  Those facts were simple in the extreme.  On 7 May last at about 1357 hours, police officers saw you, D1, outside shop 17 at the 1st Floor, Ho King Commercial Centre, 2-16 Fa Yuen Street, Mong Kok.  You were holding a plastic bag in your right-hand which was directed towards the person who is D2 in this case. 

3.  The officer suspecting that you were in possession of dangerous drugs approached.  One officer tried to subdue you and, in the course of the struggle, six plastic bags of powder fell from the larger bag which is Drugs 1.  After subduing you the officer found another 29 bags containing powder in the same bag. 

4.  After arrest and caution you admitted that the powder was ketamine and that you were delivering it to the centre.  Later analysis showed that Drugs 1 contained 2.41 grammes of powder containing 1.83 grammes of ketamine.  Drugs 2 had 12.04 grammes of powder containing 8.58 grammes of ketamine.  According to my calculations the total amount of drugs present was 10.41 grammes of ketamine.  The estimated street value of those drugs was $1,560 

5.  You are a young man of hitherto clear record. In view of that clear record and your age, I adjourned the case for the preparation of a probation officer’s background report.  That is now before me and accepted by you.

6.  I can tell you that I have taken its contents fully into account on deciding sentence.  On your behalf, Mr Francis entered little mitigation because, in truth, there is little mitigation to enter.  He emphasises that you are a young man, your clear record and your plea of guilty.  He accepted that generally youth is not a mitigating factor for this type of offence and that, of course, the major mitigation was to be derived from your plea of guilty.

7.  I was told that you committed this offence due to lack of money and underestimating the serious consequences.  You were regretful of what you had done.  I did note in that report you did exonerate D2. 

8.  I turn now to the sentence.  Trafficking in dangerous drugs is regarded as a serious offence.  It is one for which age makes very little difference.  Were extreme youth to be considered a mitigating factor this would simply mean that the drug pushers would target the young. 

9.  As I have said, I have taken into account fully the contents of the very comprehensive probation officer’s background report. I note that you are of clear record, that you are but 19 years of age and that you express remorse.  I accept the main mitigation stems from your plea of guilty. 

10.  As you have been advised by Mr Francis there is a tariff for this type of offence.  The quantity of drugs involved being 10.41 grammes of ketamine is towards the bottom of the tariff and I intend to take the very bottom of the tariff as a starting point.

11.  To that end I take a starting point of 4 years’ imprisonment.  That is reduced to 32 months for your plea of guilty.  You will go to prison for 32 months.