HKSAR v. CHIM TIM CHOI

DCCC745/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 745 OF 2010

----------------------

----------------------

--------------------------

Reasons for Sentence

--------------------------

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 Drugs Ordinance, Cap.134, Laws of Hong Kong, the particulars being that you on 18 May of this year, outside Siu Hong MTR Station, Tuen Mun, trafficked in 20.62 grammes of a powder containing 16.65 grammes of ketamine.

2.  The Summary of Facts which you have admitted indicate that you at the material time were driving your vehicle, which stopped outside the MTR Station, and picked up a passenger.  Police intercepted the vehicle and a search of your person revealed 16 plastic bags containing the drugs which are the subject matter of the charge.  These were contained in your left shirt pocket.

3.  I am told that at the material time you were a decoration worker and used your car to give co-workers a lift to work.  The drugs were to be shared with the co-workers and were never intended to be given to outsiders.

4.  You are 46 years of age and have a number of previous convictions, some 14, but I notice that this is your first offence in the last 10 years.  You also have no similar previous convictions for trafficking in dangerous drugs.

5.  The relevant sentencing guidelines for trafficking in ketamine can be found in Secretary for Justice v Hii Siew Cheng [2008] HKCA 200.  For quantities of between 10 to 50 grammes, the relevant sentencing bracket is 4 to 6 years’ imprisonment.

6.  I propose to take as my starting point a sentence of 4 years and 3 months’ imprisonment.  I will discount this by one-third to take account of your plea of guilty, coming to 2 years and 10 months’ imprisonment.