HKSAR v. CHAU YING FUNG

DCCC1216/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1216 OF 2008

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Reasons for Sentence

1.  The defendant has pleaded guilty before me today to one charge.  That charge is trafficking in a dangerous drug.  The amount of drug involved is 96.78 grammes of ketamine

2.  The facts are, briefly, that police laid ambush outside a room in Sham Shui Po and shortly thereafter they entered the flat.  The defendant was stopped approaching one of the bedrooms.  Police conducted a search and found the drugs the subject of the charge together with an electronic scale, a spoon and two transparent re-sealable plastic bags containing a total of 45 transparent re-sealable plastic bags.  Police then arrested and cautioned the defendant and he admitted that the ketamine was for re-sale.

3.  Subsequently, a video recorded cautioned interview was taken from him, in which he made further admissions with respect to the drugs including the fact that the packaging items were his, the drugs had been bought for about $10,000, and he charged $100 to $200 for each portion of ketamine that he sold to others.  He has admitted those facts.

4.  The antecedents of the defendant have been read on to the record, and, as well, I have been given a criminal record of the defendant which has been agreed by him.  It shows one matter of possession of dangerous drugs on 12 October 2006, where he was given a probation order for 18 months.

5.  Mitigation has followed, in which I am told that he comes from a simple family.  He did not like school and then took up various forms of employment when he left.  His mother, who is a waitress, has bad legs and the defendant attempted to contribute about $3,000 a month to the living expenses of the home.  He fell in with bad company and started taking drugs at 17 years old, which incidentally is about the time of his previous conviction.

6.  It is put to me that the drugs were largely for his own consumption, which I do not accept.  It goes contrary to what he told police at the time in the Admitted Facts.  He did say that he gave it to friends for free and got back $200 to $300 every now and then for his entertainment or expenses.  It is put to me that he has pleaded guilty at an early stage and that shows remorse, which it does.  He realises he will be punished for his wrongdoing and wants to start life afresh upon his release from incarceration.

7.  A letter from his mother who is present in court has been produced.  The contents of it have been fully explained to me by the defendant’s legal representative and I accept.  It includes asking me to give her son a chance.  He is a responsible son, looks after the family as best he can by giving money to them when he is working.  He has, in the past, done some volunteer work and on this occasion he fell into bad company - bad friends - and he must have wanted to make more money because of his mother’s bad legs and help her out.  The defendant did not think about the final results of his actions.  I was asked to give him a chance and be lenient with him.

8.  The offence is a very serious one.  I do note that you are 19.  But the higher courts have said that for trafficking in dangerous drugs age bears little, if any, weight in mitigation.  In fact, so serious is trafficking in ketamine that quite recently the guidelines have been increased for matters involving trafficking in that substance.  For the trafficking in 50 to 300 grammes of the substance, a starting point of 6 to 9 years is attracted.  Here the amount trafficked in was 96.78 grammes.

9.  I am of the view that taking everything into account, as I do here, an appropriate starting point in this matter is one of 6 years and 6 months’ imprisonment.  The defendant will get the full credit with respect to his plea of guilty of one-third discount.  Accordingly, he will be convicted and sentenced to 4 years and 4 months’ imprisonment.