HKSAR v. HO KA KEI

 DCCC447/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 447 OF 2009

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Reasons for Sentence

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1.  The defendant has been convicted of one charge of trafficking in dangerous drugs.

2.  The purity of the ketamine involved here is 20.42 grammes.

3.  I will not repeat the facts of the case, I have given full details in my verdict.

4.  The defendant is 23 years old, single, living with his family, and had been working prior to his remand in custody. His mother and uncle are in court here today to support the defendant.

5.  The defendant has many previous convictions but none related to dangerous drugs.

6.  Mitigation has been put forward on his behalf; in particular, a request for the court to consider the defendant conducted this trial fairly and expeditiously. Much of the prosecution’s case and evidence was agreed. The defendant’s stance was to try and argue the inference of trafficking in this case was not irrefutable - not the only one. I will take this into account.

7.  I have considered the authority in sentencing tariffs of Secretary for Justice v Hii Siew Cheng, CAAR7/2006. The quantity of drugs in this case would fit into band 3 of that authority’s tariff. Where there is a quantity of 10 to 50 grammes of ketamine, a 4 to 6 year term of imprisonment would be appropriate.

8.  After considering the mitigation, the facts, quantity of dangerous drugs and the conduct of the trial by the defence, I will take a starting point of 4 years and 2 months to reflect the above considerations. I see no reason to consider any further discount.

9.  The defendant is accordingly sentenced to 4 years and 2 months’ imprisonment.