HKSAR v, RUAN ZIYANG

 DCCC198/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 198 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134, Laws of Hong Kong, the particulars being that you on 21 December of last year at 31 Ting On Street, Sau Mau Ping trafficked in 23.23 grammes of a powder containing 18.73 grammes of ketamine.

2.  The brief facts which you have agreed are straightforward and indicate that at the date and place in question, you were stopped by police who searched you. From your left front jeans pocket, the ketamine, being the subject matter of the charge, was discovered. Under caution, you told the police that a person called Ah Shing told you to bring the ketamine to Ting On Street and give them to Ah Lo for a reward of $200. Upon a search of your residence, further drug paraphernalia was discovered by the police.

3.  You are still very young, only 19 years of age, and have a clear criminal record. It is extremely sad to see young people such as yourself wasting your time abusing drugs.

4.  The prevalence of trafficking in ketamine has led the Court of Appeal in a case called Secretary for Justice v Hii Siew Cheng [2008] HKCA 200 to increase the tariffs so far as sentence is concerned.

5.  In your case, you had 18.73 grammes of ketamine in your possession for the purposes of trafficking, and the relevant starting point that I will adopt is one of 4½ years’ imprisonment.

6.  Whilst I take account of all that has been said on your behalf by way of mitigation, the only real mitigation is your plea of guilty, and I will give you a full credit for that by deducting one-third from the starting point of 4½ years, arriving at a sentence of 3 years’ imprisonment.