HKSAR v. NG CHI ON

DCCC 1173/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1173 OF 2009

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Reasons for Sentence

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Facts

1.  The Defendant pleads guilty to 1 count of Trafficking in Dangerous Drugs involving a total of 7.67 grams of Ice and 0.56 grams of Ketamine.

2.  In an anti-dangerous drugs operation conducted in the evening on 22^nd June 2009 at Sing San House, Choi Wan Estate, Wong Tai Sin, the Defendant was found carrying 7 packets of dangerous drugs in the pocket of his shorts.  The Defendant was arrested and he admitted under caution that he sells the Ice to others to earn money.

3.  With the keys found on the Defendant, police officers entered Room 907 of Sing San House and found inside there an electronic scale, a plastic spoon, and a pile of empty transparent plastic bags.  Under caution, the Defendant said that they are used for packing the Ice.

4.  At the police station, the Defendant further admitted in the video recorded interview that he bought a packet of Ice from one “Ah Hung” for $3,500 and Ah Hung gave him 1 packet of Ketamine for free.  He divided the Ice into small packets with 0.03 grams each and intended to sell them for $300 per packet. He had consumed some of the Ice.  At the time of his arrest, he was carrying the drugs and ready to sell them to anyone willing to buy.

Mitigation

5.  The Defendant is 36 years old.  Married.  He has 11 previous convictions, out of which 5 are drug related.  The last conviction was in 2000, 9 years before the present offence.

6.  In mitigation, Mr. Lee, solicitor for the Defendant, submitted 3 letters written by the wife and sisters of the Defendant asking for leniency from the court.  The family members are also present in court today.

7.  Mr. Lee also submitted that the Defendant committed the present offence because he was in financial difficulty.

8.  While I am aware of the support rendered from his family members to the Defendant, for a serious offence as the present one, family support or financial difficulty can hardly be a mitigating factor. 

9.  In this case, the only mitigating factor is the guilty plea of the Defendant.  A deterrent sentence, following appropriate guidelines, should be imposed.

Sentence

10.  As submitted by Mr. Lee, the dangerous drugs involved are predominantly Ice.  I note that some Ketamine is involved but for the purpose of considering sentence, the more serious drug here is Ice and by adopting the combined approach in HKSAR v Yip Wai Yin & Another CACC 80/2003, with the small quantity involved in this case, the presence of Ketamine need not be taken into account.

11.  Adopting the guideline in HKSAR v Ching Kwok Hung [1991] 2 HKLR 125, for trafficking of Ice up to 10 grams, the range of sentence is 3 to 7 years imprisonment.  Mr. Lee referred to the court of appeal case HKSAR v Liu Shuk Han CACC 352/2000 and submitted that a starting point of 5 years is not wrong in principle for trafficking in a quantity of 6.93 grams of ice.  He suggested this court to adopt the same starting point.

12.  In the present case, there is a total of 7.67 grams of ice, in my view, a starting point of 5 years would be over lenient in view of such quantity. 

13.  I adopt a starting point of 69 months imprisonment.  Taking into account his guilty plea, the Defendant is sentenced to 46 months imprisonment.