HKSAR v. LI KA HUNG

DCCC 179/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 179 OF 2014

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Reasons for Sentence

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1.  You have pleaded guilty to one charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. The drugs involved include 74.78 grammes of a powder containing 58.78 grammes of ketamine.

2.  The facts are that on 23 December last year police officers were on anti-narcotics patrol and at about 2.30 in the morning spotted you and another male in Sham Shui Po.  These police officers being intuitive thought you both looked suspicious and they intercepted you.  They then proceeded to search you.  On you they found in your trouser pocket a transparent resealable plastic bag containing seven other transparent resealable plastic bags, each containing white crystallized solid. 

3.  The government chemist later confirmed the crystallized solid to be ketamine.

4.  The street value of that quantity has been agreed at $8,973.60. 

5.  When you were arrested, you admitted under caution that you were delivering the ketamine for someone and it had nothing to do with the other male.  Later, again under caution, you told the police that you were delivering ketamine, bags of ketamine, for a reward of $500.  In essence, you were admitting acting as a drug mule, a drug courier. 

6.  Your plea of guilty is your best mitigation. You are not a young man of clear record.  You have two previous convictions, one for possession of dangerous drugs in 2010 and then in 2011 you were convicted of two charges of trafficking in dangerous drugs.  Sadly, you did not learn your lesson and were arrested for this offence just over one year after your release from prison.

7.  You told the police you have been a drug addict since you were 18 years old.  As is often the case, drug addicts are tempted by cash for delivering dangerous drugs in order to feed their drug habit. 

8.  I have heard you are single and you live with your family that includes two younger brothers.  Your father is here in court today to support you.  There is a letter from your entire family.  How sad for them to see their elder son and brother in prison once again.  However, they still support you.  They have not rejected you.  They continue to accept you as a member of their family.  But you have to be warned that they may not always be willing to forgive you especially if you re-offend again. 

9.  There are guidelines for trafficking ketamine, and I have considered the authority of The Secretary for Justice v Hii Siew Cheng [2008] 3 HKC 323.  In that authority the Court of Appeal is of the opinion that where a defendant traffics 50 to 300 grammes of ketamine, this should attract a starting point of between 6 to 9 years’ imprisonment.   

10.  In this case purity of the ketamine is 58.78 grammes.  Sentencing is not a mathematical exercise.  Guidelines are therefore guidance, but to stray from guidelines there must be good reason, either good mitigation or seriously aggravating factors.  Here, there are no aggravating factors, and there is not any particularly noteworthy mitigation.  However, I do take into account that you co-operated with the police and your plea of guilty which is supported by your expression of remorse in the letter you wrote to the court.  I hope you will remain true to your word and promise to your family that you will stay away from dangerous drugs when you have served the sentence for this offence.  You have promised your family you will turn over a new leaf and that is what I refer to when I say I hope you will remain true to your word.

11.  I have considered the facts of this case, the quantity of dangerous drugs, your role as a drug carrier, your mitigation put forward, your plea of guilty and the sentencing guidelines for trafficking drugs.  I will after considering all those factors take a staring point of 4 years and 9 months. 

12.  You are entitled to a discount of one-third for your plea of guilty.  After that deduction for this charge, you are sentenced to 3 years and 2 months’ imprisonment.  Do you understand that sentence?

DEFENDANT: Understood.