HKSAR v. CHUNG KWAN YUEN

 DCCC1338/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1338 OF 2009

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to 2 charges. The 1st being an offence of trafficking in dangerous drugs, contrary to section 41A and (3) of the Dangerous Drugs Ordinance, Cap. 134, Laws of Hong Kong. The particulars being that you, on 7 October last year unlawfully trafficked in 70.92 grammes of a powder containing 33.17 grammes of ketamine. And the 2nd possession of Part 1 poison contrary to section 23(1) of the Pharmacy and Poisons Ordinance, Cap. 138, Laws of Hong Kong. The particulars being that on the same date, you had in your possession 343.24 grammes of para-aminobenzenesulphonamide, being a Part 1 poison.

2.  The facts, which you have agreed, are straightforward and indicate that a party of patrolling police officers intercepted you in the late evening of 7 October and discovered you holding a transparent plastic bag in your hand. Inside that bag the officers found 8 resealable plastic bags, which contained the ketamine, being the subject matter of Charge 1. Under caution you told the police that a male called Lun Keung asked you to package the ketamine for a reward of $1,000. Upon a further search of the bag the officers found cash of $1,000. They then searched the vicinity of the staircase and found various drug paraphernalia and a resealable plastic bag containing white powder being the subject matter of the 2nd Charge.

3.  By way of mitigation I am told that you have a clear record and are remorseful. You are still quite young, only 18 years of age. I have a background probation officer’s report and detention centre and training centre suitability report before me, both of which indicate that you have been hanging around Internet bars and karaoke bars mixing with undesirable peers. You started to take ketamine, I am told, as much as once per week in August of last year.

4.  For the offences, which bring you before this court, you stupidly agreed to deliver ketamine for $1,000 in order to get quick cash to enjoy your birthday. The amount of ketamine that you trafficked in on this occasion was substantial, some 33 grammes.

5.  A period of detention in a detention centre would be a quite inappropriate sentence for possession of such a large quantity of narcotic. The abuse of ketamine over the recent past amongst youngsters in particular is extremely prevalent and the courts must remain vigilant to send a message that trafficking in this drug will be dealt with severely.

6.  Despite the fact that you are considered to be suitable for detention in a detention centre, I decline to make such an order notwithstanding the fact that you have a clear record. The only real mitigation here is your plea of guilty which is an indication of your remorse and I will give you the appropriate discount to reflect this.

7.  On the 1st Charge I adopt a starting point of 5 years' imprisonment. I will discount this by one-third to take account of your plea of guilty, coming to 3 years' 4 months’ imprisonment on Charge 1.

8.  With regard to Charge 2, I adopt a starting point of 6 months’ imprisonment. This will be similarly discounted by one‑third, coming to a sentence of 4 months' imprisonment on Charge 2. Due to the question of totality of sentence, I order both sentences to run concurrently with each other coming to an overall sentence of 3 years' 4 months' imprisonment.