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DCCC637/2011
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 637 OF 2011
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| Before:
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H H Judge Tallentire
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| Date:
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26 October 2011 at 9.49 am
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| Present:
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Miss Margaret Lau, PP, of the Department of Justice, for HKSAR
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Ms Corrina Tai, instructed by Messrs Ho & Yip, assigned by the Director of Legal Aid, for the Defendant
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| Offence:
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(1)-(2) Trafficking in a dangerous drug (販運危險藥物)
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(3) Trafficking in a purported dangerous drug (販運看來 是危險藥物的物質)
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Reasons for Sentence
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1. Defendant, you pleaded guilty to two offences of trafficking in dangerous drugs, and not guilty to one offence, each contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.
2. The offence you denied was ordered to be kept on file and not to be proceeded with without leave of this court or the Court of Appeal.
3. The facts of Charge 1 and 2 were as follows.
4. PW1, a police constable, was an undercover agent in an anti-drugs operation in Tuen Mun between 27 March and 28 April of this year.
5. On 10 April he went to a games arcade at Tuen Mun and was told that “Ah Wah”, that is, yourself, may be able to supply him with dangerous drugs. He was given your telephone number.
Charge 1
6. At around 2145 hours on 10 April of this year, PW1 phoned you. You asked PW1 if he wanted to purchase some ketamine and PW1 agreed to purchase $100 worth. You instructed him to go to Yeung Siu Hang Tsuen to collect it.
7. Around 2300 hours PW1 arrived at the lane between Nos.317 and 318 and met you. He gave you $100 and you gave him, in turn, a packet of suspected dangerous drugs wrapped in white tissue, which was Exhibit 1. PW1 then left.
8. At around 2315 hours he handed E1 to WSgt 56114 (PW2). Subsequent analysis showed this to be 1.02 grammes of powder containing 0.48 grammes of ketamine.
Charge 2
9. On 12 April of this year, you phoned PW1 and asked if he wanted more ketamine.
10. PW1 confirmed he did, and met you at the same place around 2330 hours, purchased a packet of suspected dangerous drugs (which was E2), for $400. He handed this to PW2 at 2340 hours.
11. Subsequent analysis showed this to be 2.57 grammes of powder containing 1.17 grammes of ketamine.
12. On 28 April of this year, DPC 33707 (PW3) arrested you at home and you remained silent.
13. At a subsequent identification parade, PW1 positively identified you.
14. You admitted to two previous convictions on one occasion. These convictions were for exactly the same offence.
15. In view of your youth and relatively light criminal record, I remanded you in custody for a probation officer’s background report and a training centre report. Those reports are now before me. I have read them and I have taken them fully into consideration when deciding sentence.
16. I note that you are not considered suitable for a training centre in view of your continued drug dependency. Miss Tai informs me that you accept the contents of the reports.
17. Miss Tai, on your behalf, entered mitigation.
18. She told me that you are now only 17 years of age and had grown up lacking in love and support from your family. In fact, you had had a deprived emotional upbringing since about 3. Your mother had deserted the family and your father worked very long hours, and on occasions, only saw you once a month. You were brought up by your grandmother, and she suggested that it is little wonder, therefore, that you turned to dangerous drugs.
19. She said that you are remorseful and resolve to turn over a new leaf. This is supported to some extent by the letter you have written to court and also by what is contained in the reports.
20. She also told me that after you served your period in a rehabilitation centre, during the supervision period that followed, you tried your best to behave.
21. Your grandmother and other members of the family are present in court offering support.
22. She submitted this was a relatively small amount of dangerous drugs and asked for leniency on your behalf.
23. I turn now to the sentence.
24. Trafficking in dangerous drugs is always a serious matter.
25. You stand today convicted on your own plea of two counts of trafficking in dangerous drugs, the total amount of ketamine involved being 1.6 grammes. On the usual tariff, this places you within the range of 2 to 4 years as a starting point.
26. Whilst I note your age, this is of little mitigation in view of the nature of the offence.
27. I note also that you have a previous conviction for exactly the same type of offence, but these are two distinct and separate offences.
28. I have taken into account, as I have said, what is in the reports. I note that you are not considered suitable for a training centre as you continued to be a drug dependant.
29. I also note that you have had a difficult upbringing, though I do comment that many have had just as difficult an upbringing without turning to dangerous drugs.
30. However, I do have some sympathy for your position, and I will be as lenient as I possibly can, consistent with my public duty.
31. For the purpose of sentence, I aggregate the amounts of the dangerous drugs involved in each charge.
32. I will take the lowest point on the scale. Therefore, I take as a starting point on each offence 2 years, reduced to 16 months for your plea of guilty.
33. You will go to prison for 16 months on each charge, to run concurrently; a total of 16 months.
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