HKSAR v. CHAN CHUN SING

 DCCC482/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 482 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134. You have admitted that on 23 March 2010, outside the ground floor of No.28B Man Tai Street, Hung Hom, in Kowloon, you unlawfully trafficked in 26.13 grammes of a powder containing 22.18 grammes of ketamine which were dangerous drugs.

2.  At around 8.15 pm that day on 23 March 2010, police officers were mounting an anti-dangerous drug operation at that vicinity. You were observed to be acting furtively and therefore the police officers intercepted you. Upon a body search on you, they found one transparent resealable plastic bag containing 18 packets of the drugs inside your right rear pocket of your trousers. You were immediately arrested and cautioned.

3.  Under caution, you admitted that the drugs were ketamine, that is “K Chai”, and you told the officer that you intended to sell them in order to make money to feed your baby. You were to make approximately $300 on this sale.

4.  You are 18 years of age and are of clear record.

5.  Prior to sentencing you, I called for a training centre report. I had however warned you that by calling for this report it was not indicative of the sentence that I would pass, that all sentencing options would be open. I informed you that for trafficking in dangerous drugs, the court considers this a very serious offence and the usual sentence is one of an immediate term of imprisonment.

6.  Your solicitor, Mr Chan, has made very full and thorough mitigation on your behalf. I have taken into account all that he has had to say for you in mitigation and I have also taken into account the letters written by yourself and your mother in your plea for mitigation.

7.  You are, as I have mentioned, 18 years of age and have a clear record and quit school at the age of 15. You had a child which was born in November 2008 with your present fiancée. You were brought up by your mother as a single parent; your parents having separated some time in 1993. After the birth of your child, it was agreed amongst your fiancée and your mother that those two ladies would work whilst you took care of your son.

8.  However, unfortunately, by the end of 2009, your mother had lost her job and the family was then in financial constraints. You had tried to look for a job but with little education and no experience, you were unable to find unemployment. Desperate to feed your son, you then were lured into making quick money by your old friends who were undesirable peers. So as to provide a living for yourself and your family, and particularly to feed your young son, you agreed to deliver drugs for $300 as a reward and committed this offence.

9.  Clearly, the desire of earning quick money is obviously a bad desire, quick money almost always leads to some sort of illegal activities. Your mother has worked hard to provide for you as a single parent and has realized her shortcomings by perhaps spending too much time on her work and looking after her mother who has been a long-term patient and perhaps not providing for proper attention on you. In the end, however, the buck lies with you; you are the person who committed the offence.

10.  I realize through your letter and your plea of guilty that you are extremely remorseful for your commission of this very serious offence. Perhaps most disappointing for you is that you will not be able to spend the growing years of your son together. As a result of this one offence, you will not be able to provide for the family at all in the next few years. You, however, appear to be a boy of good character. You however have little skills and low education. You are of a very young age.

11.  I have thought carefully about the sentence upon you and am fully aware that if you were an adult, then you would be sentenced to a starting point of at least 4 years’ imprisonment for this type of drug after trial, and after your plea, to a term of approximately 2 years and 8 months’ imprisonment.

12.  I must remember that to sentence you for trafficking in dangerous drugs, there must be a sentence reflective of something which is punitive, that is to reflect the gravity of this offence. However, I must also bear in mind the fact that you are of a young age, 18, and of clear record.

13.  In considering the matters, I feel that the more appropriate sentence for you would be one in the interests of your rehabilitation.

14.  Please stand up. You have good family support. You have insight into your wrongdoing and at your young age you would benefit out of rehabilitation in a training centre, in my view, more so than that of a sentence of imprisonment. In those circumstances, I sentence you to detention in a training centre.