HKSAR v. SUEN WAI YIP

DCCC1370/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1370 OF 2010

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Reasons for Sentence

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1.  Suen Wai-yip, you have been convicted on your own pleas on one charge of trafficking in 22.59 grammes of a powder containing 17.63 grammes of ketamine, and a charge of possession of 18.15 grammes of cannabis in herbal form.

2.  The drugs were found by the police in an operation which involved them entering the flat which you shared with your mother in Po Tin Estate, Tuen Mun, late at night on 12 October last year.

3.  The drugs were in a drawer of a table in the living room, together with an electronic scale, a bag containing small resealable plastic bags, 72 boxes of cannabis rolling paper, and a notebook recording transactions.

4.  The retail value of the ketamine was approximately $2,620.

5.  You admitted that you would sell the ketamine to your friends at $100 a gramme and would use the scales and the plastic bags when you were packaging up the drugs for them.

6.  Mr Wong has told me this morning that the price you charged your friends for the drugs would not involve you making any personal profit.

7.  As I know you know, unless there are unusual circumstances, the normal starting point for those who traffic in between 10 and 50 grammes of ketamine is between 4 and 6 years’ imprisonment.

8.  I have listened to everything that Mr Wong has said on your behalf, and I bear in mind that this is the first time that you have been convicted of trafficking in drugs.

9.  I also bear in mind that over the last three years, you have a good work record.  It is a great shame that you should have spoilt that record by committing this offence.

10.  These circumstances, however, do not persuade me that I should depart from the usual starting point for those who traffic in this quantity of ketamine.

11.  I do, however, adopt a starting point at the bottom of the tariff band, namely, 4 years’ imprisonment.

12.  You have indicated your remorse by pleading guilty, and for that, you are entitled to the usual discount of one-third.

13.  I, therefore, sentence you to 32 months’ imprisonment; that is 2 years 8 months.  That is on Charge 1.

14.  On Charge 2, the charge of possession of the herbal cannabis, I adopt a starting point of 3 months’ imprisonment.

15.  I discount that by one-third to reflect your plea of guilty, and therefore, sentence you to 2 months’ imprisonment on the 2nd charge.

16.  I order both sentences to run concurrently, and therefore, the total sentence that has been passed on you today is one of 2 years 8 months’ imprisonment.