HKSAR v. POON CHUN TAT

DCCC1171/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1171 OF 2011

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to two charges, the first an offence of unlawful trafficking in a dangerous drug, being 14.19 grammes of ketamine, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134, laws of Hong Kong, and secondly, possession of an offensive weapon, contrary to section 17 of the Summary Offences Ordinance, Cap.228, laws of Hong Kong, the offensive weapon in question being a sword.

2.  The summary of facts which you have agreed establish that in the afternoon of 2 August of this year, you were intercepted by police officers coming out of premises in Riviera Gardens in Tsuen Wan.

3.  You were searched and two plastic bags containing a total of 2.80 grammes of ketamine were found strapped to the inside of the sleeves of your T-shirt.

4.  You were taken back inside the premises where another bag containing some 11.39 grammes of ketamine was found in the lamp duct of a mirror.  Also found were other items associated with trafficking in drugs, such as an electronic scale, straws, plastic bags and adhesive tape.

5.  A further search inside the false ceiling in the bathroom revealed the sword, which is the subject matter of Charge 2.

6.  You told the police that you intended to use this to threaten others if you were attacked, but in fact, you had not used it.

7.  You are 23 years of age and have a very poor criminal record for someone so young, including a similar conviction in 2007 for trafficking in a dangerous drug.

8.  By way of mitigation, I am told that some time ago, the restaurant that you had opened in Mainland China failed.  You returned to Hong Kong and re-associated yourself with bad company and, in the hope of obtaining quick money, involved yourself in the selling of ketamine.

9.  In sentencing you, I take all that has been said on your behalf by way of mitigation into account.

10.  Regarding the first charge, the sentencing guidelines which are to be found in Secretary for Justice v Hii Siew Ching [2008] HKCA 200, indicate a starting point of 4 to 6 years’ imprisonment for trafficking in between 10 to 50 grammes of ketamine.

11.  This court is dealing with 14.19 grammes of ketamine.

12.  Accordingly, I adopt 4 years and 3 months’ imprisonment as my starting point in relation to Charge 1.

13.  I will discount that by one-third to reflect your plea of guilty, coming to 34 months’ imprisonment in relation to Charge 1.

14.  As regards Charge 2, I adopt a starting point of 3 months’ imprisonment.

15.  This will be reduced to 2 months to reflect your plea, but should properly be ordered to run consecutively to the sentence on Charge 1, arriving at a total sentence of 3 years’ imprisonment in all.