HKSAR v. LAU HING

DCCC 323/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 323 OF 2016

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Reasons for Sentence

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1.  The defendant has pleaded guilty to one offence of trafficking in a dangerous drug. The drug concerned is ketamine and the narcotic content is 64 grammes of that drug.

2.  The facts show that the defendant was apprehended in a stop and search outside his home in Kwai Chung in the early evening of 6 February.  He was searched and on search a large resealable plastic bag which contained seven smaller resealable plastic bags was found in his pocket.  The bags had all been stapled and the seven plastic bags contained the narcotic. 

3.  At the scene the defendant said that all the drugs were "K-chai" and they were for his own consumption.  Later the defendant was taken back to his home which was in the Luk Kwai House which is where he was arrested and various items for paraphernalia for separating and packaging the drug were found which included nine plastic bags, a metal spoon, stapler and a box of staples and they were similar staples to the stapling found in the plastic bags which had been taken from the defendant's trouser pocket and in which the drugs were contained.  Also traces of ketamine were found on the metal spoon. 

4.  The defendant made a later video-recorded interview.  He said he had bought the drugs for $7,000 and maintained they were for his own consumption but had used ketamine for four years.  The defendant accepts and pleads guilty on the basis of using and possession of the drug for the purposes of trafficking.

5.  The defendant's antecedents show that he is a young man, he is only 21 years old.  He is educated to secondary level 2. He has -- discovered to have no health problem but he has been an abuser of ketamine for four years.   He lives at home with family.  He has a criminal record which shows a history of involvement with drugs which in terms of criminal record started when he breached a Probation Order in which he had been placed on in 2010 and as a result of that was sent to Drug Addiction Treatment Centre.  In November of 2014 he was sent back to the Drug Addiction Treatment Centre after a conviction for possession of dangerous drugs.  The defendant has some other offences involving violence for which he has been placed on probation and also placed in a Drug Addiction Treatment Centre.  The criminal record bears out the defendant's contention that he had been a drug addict for some time and that explains his possession of these drugs on this occasion.

6.  In mitigation the defence admits his possession for the purpose of trafficking.  He, through counsel, did not maintain in court today that any part of the drug in which he was in possession at that time was for self-consumption as the drugs had already been separated back and stapled for the purposes of trafficking in them. 

7.  The defendant is remorseful today.  He understands his plea of guilty will lead to a substantial sentence of imprisonment.  He is aware of the likely outcome.  The defendant deserves credit for his determination to face up to his responsibility for this offence.  He is still a very young man, only 21, and if he becomes free of the drug, on release he could make a new life for himself.  The defendant has penned a letter of remorse to the court today.

8.  Now in terms of the sentencing outcome, the starting point for sentence that should be adopted in cases of trafficking ketamine are determined largely by guideline sentences.  The quantity of drug in this case is 64 grammes of ketamine.  This would place the starting point for sentence in the range of 50 to 300 grammes and that is in the range of sentencing between 6 to 9 years' imprisonment as a starting point for a person of otherwise clear record upon conviction after trial.  The quantity of drug puts it slightly over the lowest point of the guideline.

9.  As I have said, the defendant is a young man and this is his first offence of trafficking.  I consider the proper approach is to take the lowest point of the guideline which means that the court should adopt a starting point for sentence of 6 years' imprisonment. 

10.  The defendant has pleaded guilty, he is entitled to a full one-third discount from that starting point in sentence.  This leads to a sentence of 4 years' imprisonment for this offence and that is the sentence I will impose.