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DCCC 1009/2017
[2018] HKDC 270
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 1009 OF 2017
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| Present: |
Mr Michael Leung, Counsel on fiat, for HKSAR |
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Mr Patrick Hui Man Kit of Messrs Kenneth Sit assigned by
the Director of Legal Aid, for the defendant |
| Offence: |
Trafficking in a dangerous drug（販運危險藥物） |
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REASONS FOR SENTENCE
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1. The defendant admitted trafficking in 162.90 grammes of a powder containing 70.85 grammes of Ketamine. This is a case of police stop and search in the street leading to the discovery of drugs on the defendant.
2. About 6 O’clock in the evening of 15 August 2017, police officers patrolling the streets of Tai Wai in Shatin spotted the defendant acting suspiciously and stopped him for questioning.
3. Police officers first found a plastic bag containing drugs (1.25 grammes of a powder containing 0.72 grammes of Ketamine) in the defendant’s shorts pocket. And in his waist bag, the officers further found the rest of the drugs in this case together with an electronic scale.
4. The drugs in the waist bag were separately put in 61 plastic bags – one lot containing 24 packets packed into one larger plastic bag, another lot of 36 packets in another larger plastic bag and there is a loose one. The street value of drugs in question is estimated to be around $55,000.
5. In the subsequent interview with the police, the defendant said that he planned to repay a debt of nearly $200,000 to a money lender by selling ketamine, bought the drugs the previous night for $32,000 and was on his way to sell the drugs to a friend and to consume the drugs together.
6. The defendant, aged 35, has amassed 16 previous convictions, 9 of which are drugs related including one for trafficking. His last conviction is possession of drugs back in August 2017 for which he was sentenced to DATC. According to the Memo from CSD, the defendant is still serving the sentence at the moment.
7. There is not much put forward by way of mitigation except that the defendant has been a ketamine abuser for over a decade and part of the drugs is for his own consumption. Counsel for the defendant relies on the case of Chow Chun Sang CACC 135/2011 in support of his claim for a further reduction in sentence.
8. Upon further probing by the court, the defence counsel submitted that 23-24 grammes of the drugs are for the defendant’s own consumption. Dividing 24 grammes by the total amount of drugs, i.e. 162.9 grammes, gives only 14.7% which could not be said to be of significant proportion.
9. The court has the opportunity to refer parties to a recent case Kong Tat Lung CACC 27 /2016 on the question of part consumption which qualified what was said in Chow’s case. The Appellate Court reiterated the requirement that a significant proportion of the drugs for self-consumption need be satisfied before giving further reduction in sentence on this ground.
10. Having considered Kong’s case, counsel for the defendant indicated to me that the defendant no longer relied on self-consumption as part of the mitigation.
11. There are sentencing guidelines for this type of offence – for trafficking between 50 g and 300 g of Ketamine, the term for consideration is one of 6 to 9 years.
12. For the amount (70.85 g) the defendant admitted trafficking, I take 75 months as starting point. As far as mitigation is concerned, apart from his guilty plea, there is not anything of substance. His plea is a timely one, so he is entitled to a full one-third discount; after deducting one-third, the starting point is reduced to 50 months.
13. There being no reason for a further reduction in sentence, the defendant is therefore sentenced to 50 months’ imprisonment.
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