HKSAR v. LI YUK LUN

DCCC1259/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.1259 OF 2010

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Reasons for Sentence

1.  The defendant faced one charge of trafficking in dangerous drugs. He pleaded not guilty to the charge but indicated through his counsel that he did not dispute that he was in possession of the same quantity of dangerous drugs alleged in the charge and would be ready to plead guilty to a charge of simple possession of those drugs. After trial, he was found not guilty of the trafficking charge and was convicted for the simple possession of the dangerous drugs.

Background

2.  Pursuant to a search warrant indicating a suspicion that the premises named in the charge was being used for the possession of dangerous drugs, not of trafficking, Police officers knocked on the door of the charge premises. The defendant opened the door. He admitted that he was the tenant and that he had the key to the door of the premises.

3.  Police officers searched the premises and found $500 cash in a metal box in a drawer, which according to PW2, the defendant said was not his. On top of a chest of drawers was found a transparent plastic bag with 7 unused transparent plastic bags inside, which the defendant admitted were his.

4.  A seemingly unopened can of “Campbell Soup” was found in the kitchen. Upon careful examination, it was discovered that the bottom of the can could be turned open and inside were 102 plastic bags containing dangerous drugs. Each 20 bags were bound together with an elastic band into one bundle and there were 5 bundles and 2 bags in the can. The defendant said that the “K Tsai” (K仔) was for his own consumption.

5.  In a later video recorded interview, the defendant said that he bought 105 plastic bags of Ketamine from a person for about HKD5,000. He consumed 3 and the 102 found in the soup can were the rest. The defendant said he would consume about 2-3 bags per day and the bags in the soup can represented his stock for several months. The unused transparent plastic bags found were for Ketamine. The defendant lived alone in the premises with a monthly rental of HKD2,000. The defendant was unemployed and received about HKD2,200 Comprehensive Social Security Allowance every month.

6.  Government chemist confirmed that the 102 bags found in the soup can contained a total of 30.53g of a powder containing 25.62g of Ketamine.

7.  At the time of his arrest, the defendant had HKD6,600 and RMB240 cash on him. The estimated street price of the 102 bags of ketamine found in the soup can was about HKD3,389 as at 10^th February 2011.

Previous convictions

8.  The defendant has 4 previous convictions. 3 of them relating to dangerous drugs and one for Using a forged Hong Kong identity card.

Mitigation

9.  Pursuant to the requirement under the Dangerous Drugs Ordinance, a DATC report was called for prior to sentence. The defendant is no longer a drug dependent.

10.  Given the amount of drugs involved and the previous convictions of the defendant, I will adopt a starting point of 18 months’ imprisonment, granting the defendant a 1/3 discount since he had all along indicated that he wished to plead guilty to the charge of possession, the defendant is therefore sentenced to 12 months’ imprisonment.