HKSAR v. CHAN CHI WAH

DCCC352/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 352 OF 2009

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Reasons for Sentence

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1.  The defendant has been convicted after trial of trafficking 28.9 grammes of ketamine with a purity of 23.84 grammes.

2.  I will look at the purity where sentence is concerned.

3.  I will not repeat the facts of the case, I gave full details and reasons in my verdict.

4.  The defendant admitted selling the drugs for a profit to fuel his own drug habit. He told the police for the purpose of his antecedents statement that he was a drug addict. In his record of interview, he describes being a habitual daily abuser of ketamine. This addiction may explain his desperation to earn money to fuel this damaging habit by selling drugs.

5.  He has one previous conviction for possession of a dangerous drug in 2002, over six years ago.

6.  Despite his addiction, I do not have in mind calling for any reports. They would not assist me here. I have details of his family background from his antecedents statement, confirmed by Mr Swainston.

7.  There are guidelines for trafficking dangerous drugs and, where ketamine is concerned, I have referred myself to the authority of Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1. The new guidelines, after trial, which are relevant in this case, is where 10 to 50 grammes are concerned, a custodial sentence of 4 to 6 years is appropriate.

8.  Mr Swainston has said what he can in mitigation. I have considered the background of the defendant and the quantity of the drugs.

9.  I will, according to the guidelines, take a starting point of 4 years and 6 months. I see no reason for any discount.

10.  The defendant is accordingly sentenced to 4 years and 6 months’ imprisonment.