HKSAR v.CHI CHI YUAN

DCCC1070/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1070 OF 2011

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a single charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drug Ordinance, Cap.134, Laws of Hong Kong, the particulars being on 8 August of this year at the staircase between the Ground floor and 1st Floor of Nos.103 – 105 Argyle Street, Mongkok, you unlawfully trafficked in 26.27 grammes of ketamine.

2.  The Summary of Facts which you have agreed are straightforward.  You were intercepted by police at the staircase, searched and two plastic bags containing the drugs were found in your front trousers pocket.  You admitted straight away that you were delivering these drugs for a reward of $100.

3.  You are 21 years of age and are of previous good character. 

4.  By way of mitigation, I have been told that your brother suffers from schizophrenia and your mother has the onerous task of caring for him at home.  Your father has heart problems and now with your inevitable incarceration, he is the only breadwinner. 

5.  The letter from your parents and your past teachers speak of you as being a gentle, honest boy, who behaves well and is easy to get on with.

6.  By committing this offence, which is clearly out of character, you have disappointed those who care for you.  The reason for you committing this offence, I am told, is through your association with bad peers who persuaded you to commit this offence, which you did in the hope of earning some quick money in order to relieve the financial burden of your family.

7.  The sentencing guidelines for trafficking between 10 to 50 grammes of ketamine indicate a sentence of between 4 to 6 years’ imprisonment.  This court is dealing with 26 grammes.  Under normal circumstances I would have adopted a starting point of between 4½ to 5 years’ imprisonment.  However, in order to take account of your family’s difficult situation and to reflect your clear record, I am prepared as an act of mercy to take the very lowest starting point of 4 years’ imprisonment.   

8.  You are entitled to the full one-third discount to reflect your plea of guilty.  Accordingly, you will be sentenced to 2 years and 8 months’ imprisonment.