HKSAR v. ADE SURKEM

 DCCC395/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 395 OF 2010

----------------------

----------------------

---------------------

Reasons for Sentence

---------------------

1.  The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved is ketamine.

2.  About 7 pm on 29 January 2010, the defendant, who was then with her sister, was stopped by plainclothes police officers outside No.142 Lockhart Road in Wanchai. At that time, the defendant was carrying a white plastic bag ("E1") in her right hand. When being stopped, the defendant passed E1 to her sister.

3.  Upon search, the police discovered that E1 contained 2 packs of lemon tea and 2 individual pre-packaged sponge cakes. The transparent plastic packaging of one of the sponge cakes ("E2") was already opened. The sponge cake contained in E2 was split almost into half horizontally, whereby 12 packets of white powder (collectively "E3") were tucked inside the cake. A Government Chemist subsequently confirmed that E3 contained a total of 23.48 grammes of a powder containing 18.21 grammes of ketamine.

4.  Under caution, the defendant claimed that E1 to E3 did not belong to her; a friend in Tsim Sha Tsui had asked her to carry them for a while. The defendant now admits that she possessed the 12 packets of ketamine for the purpose of unlawful trafficking.

5.  The defendant is now 28 years old. She has 1 previous conviction of "Breach of condition of stay", for which she was sentenced to 7 days imprisonment suspended for 12 months. The suspended sentence was still in force when she committed the present offence. The defendant first came to Hong Kong in August 2005 as a domestic helper. She quitted her job after 3.5 years. At the time of the offence, she was unemployed. She stays with her half-sister in Hong Kong and remains in the territory on the basis of a Form 8 Recognizance.

6.  A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment. The sentencing tariff for trafficking in ketamine is laid down in SJ v HII Siew Cheng [2009] 1 HKLRD 1. For 10 to 50 grammes, the sentence ranges from 4 to 6 years.

7.  A total of 18.21 grammes of ketamine are involved in this case. Hence, I adopt a starting point of 4 years. One-third discount is given for the guilty plea, reducing the sentence to 32 months. Apart from this, I see no other mitigating factors which warrant any further discount. The sentence I impose is therefore 2 years and 8 months.

8.  In relation to the breach of her suspended sentence, since the defendant's previous conviction is not drug-related and she committed the present offence very close to the expiry of the suspension period, I make no order in this regard.