HKSAR v. IP CHUN TUNG

DCCC 893/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 893 OF 2012

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REASONS FOR SENTENCE

The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved is ketamine.

Summary of Facts

2.  About 5:15 pm on 1 August 2012, SPC 9071 (PW1) was on uniform patrol at Lei Cheung Uk Shopping Centre.  He saw the defendant getting into a taxi and went forward to open the taxi door.  The defendant suddenly got off the taxi and ran along Po On Road towards Fat Tseung Street.  PW1 gave chase and managed to subdue the defendant outside the Po On Road Playground.

3.  Upon search, PW1 found 4 transparent resealable plastic bags (collectively "E1") inside the front part of the defendnat's underpants.  E1 was later found to contain a total of 45.81 grammes of a powder containing 37.14 grammes of ketamine.  Under caution, the defendant admitted possession of "K Jai".  He now admits that he possessed E1 for the purpose of trafficking.

class="heading"Mitigation & Sentence

4.  The defendant just turned 17 two months ago and has a clear record.  He resides with his parents and elder brother in a public housing unit in Shamshuipo.  The defendant is educated up to F.3.

5.  Defence lawyer Mr. TSE informed me that the defendant started to consume various dangerous drugs about 3 years ago.  His delinquency is attributed to the lack of parental supervision.  A bundle of mitigation letters was submitted; their contents are duly noted.

6.  I understand that by virtue of section 109A(1A) of the Criminal Procedure Ordinance (Cap.221), I need not obtain any pre-sentencing report.  In view of the defendant's young age and clear record, I adjourned the sentence for a Training Centre Report.

7.  The Probation Officer considers that the defendant is not suitable for detention in a Training Centre since he is a drug dependant.  Furthermore, the Probation Officer had none but negative remarks about the defendant. [1]  The only sentencing option left is immediate imprisonment. 

8.  A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment.

9.  The Court of Appeal has laid down clear sentencing guidelines for trafficking in ketamine (see  SJ v HII Siew Cheng [2009] 1 HKLRD 1).  For 10 to 50 grammes, the sentence ranges from 4 to 6 years' imprisonment.  In the present case, the defendant trafficked in 37.14 grammes of ketamine; the appropriate starting point is 5 years.  A one-third discount is given for the guilty plea, reducing the sentence to 40 months.  In view of the defendant's young age and clear record, I am prepared to grant him a further reduction of 4 months.  Apart from this, I see no other mitigation factors which warrant any further discount.  Hence, the sentence I impose is 3 years' imprisonment.