CRIMINAL CASE NO. 87 OF 2010
COURT: The defendant, Ng Chak-lung pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance Cap.134 before a magistrate and is committed to the Court of First Instance for sentence.
The facts disclose that the defendant was intercepted by two police officers when he acted furtively near a lift lobby. Upon search he was found to have a quantity of ketamine, two piles of re-sealable bags and an electronic scale.
Under caution the defendant said he was thinking of selling the “K-chai” to earn a small profit. The defendant later told the police during a video recorded interview that he obtained the ketamine from another person at a cost of $10,000. He intended to bring the drugs out to sell to his friends.
The Government Chemist confirmed the drugs were a total of 261.63 grammes of a powder containing 219.30 grammes of ketamine. The street value was estimated to be around HK$31,000.
The defendant is a 26 year old man with three previous convictions. Two of them are the same as the present offence - that is, trafficking in a dangerous drug - for which he was sentenced to a total of 2 years 2 months’ imprisonment.
Ms Kelly Shui, counsel for the defendant, told me that the defendant worked as a chef after he quit schooling and got into the habit of taking drugs when he lost his job towards the end of 2007. Ms Shui was personally impressed by the remorse demonstrated by the defendant when she visited him at the remand centre.
I was given two letters written by family members of the defendant. I do not intend to read them out in court but I was told that the defendant was very touched when shown these letters, particularly the one written by his teacher brother.
Ms Shui accepted that this case falls into the tariff case and, although she asked me to be merciful to the defendant, she really could not advance any grounds to support the same.
Trafficking in a dangerous drug is a serious offence and offenders are severely punished when caught. In the case of The Secretary for Justice v Hii Siew Cheng, the court of Appeal set down guidelines for the trafficking of ketamine. Trafficking 50 to 300 grammes of ketamine, the appropriate starting point is within the range of 6 to 9 years.
The defendant is not a first offender. He was convicted of the same offence just two years ago in May 2008 for which he was sentenced to 2 years 2 months’ imprisonment. He was released in August 2009 and in four months’ time he committed the present offence out of greed.
It is clear that the defendant’s family members care for him. While the defendant’s family member asked me to pass a shorter sentence on the defendant, I am afraid it is not possible for me to do so. The fact that the defendant committed the present offence shortly after he was discharged from prison for the same offence is an aggravating factor here.
There are no mitigating circumstances except for the defendant’s plea. The defendant should count himself lucky that his family members have not forsaken him.
After considering all the circumstances of this case and the defendant’s personal background, I am of the view that a starting point of 8½ years’ is appropriate. The defendant has pleaded guilty and is entitled to the full one‑third discount. There are no other reasons to further reduce the sentence.
For the present offence the defendant is sentenced to 5 years 8 months’ imprisonment.