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HCCC 234/2014
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 234 OF 2014
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HKSAR |
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HUNG Chun-kit |
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| Date: |
4 March 2015 at 11.13 am |
| Present: |
Mr Phil Chau, on fiat, for HKSAR |
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Mr Lawrence Hui, instructed by Wong & Co, for the accused |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The defendant pleaded guilty to one count of trafficking in dangerous drugs. The subject dangerous drug is 276.55 grammes of a mixture containing 218.07 grammes of ketamine.
On 5 February 2014, the defendant was stopped by police officers at the lift lobby on the 21st floor of Kwai Hei House, Kwai Fong Estate. The police officers seized from the defendant the keys to his residence at Room 2109 and entered therein. In the defendant’s bedroom, the subject ketamine was found contained in four plastic packets in two iPhone boxes. Electronic scales and re-sealable plastic bags were also found inside the premises. Under caution, the defendant admitted that he was to deliver the ketamine for a woman so as to earn some money. In a subsequent video-recorded interview the defendant said that his reward would be in the range of HK$1,000 to HK$2,000.
The estimated retail value of the ketamine involved was HK$32,080.
The defendant is 20 years old, having a clear record. He received education up to Form 2 level. According to Mr Hui, counsel for the defendant, the defendant was employed as a transportation worker earning $11,000 per month, out of which he contributed $5,000 per month to his family. He is the eldest son of the family, having two brothers and one sister.
In his mitigation for the defendant, Mr Hui submitted three letters for my consideration. They are respectively written by the defendant himself, his mother and social workers of the Hong Kong Federation of Youth Groups.
In the letters, the defendant said that he is now very remorseful, willing to bear the responsibility for his misdeed and will stay away from drugs and unruly friends.
His mother said the defendant has got problems in his studies, and his intelligence is slightly lower than normal. He can easily be manipulated by others.
The social worker said the defendant is a kind and caring person and has actively participated in charitable activities. They urged this court to pass a lenient sentence.
Trafficking in a dangerous drug is a very serious offence, and the Court of Appeal has laid down sentencing guidelines in respect of it. In the case Hui Siew Shing, for trafficking a quantity of 50 to 300 grammes of ketamine, the sentencing range should be a term of 6 to 9 years’ imprisonment. The guideline is binding on this court, and it is for a deterrent purpose. Usual factors like young age and clear record are not valid mitigating factors.
In the present case, apart from his guilty plea, there are indeed no other strong mitigating factors. For the quantity of ketamine involved in this case, the appropriate starting point for sentence should be a term of 8 years’ imprisonment.
Giving the usual one-third discount for the guilty plea, the sentence is reduced to 5 years and 2 months’ imprisonment. The defendant is the eldest son of the family and has been contributing to the family. This is reflected by the fact that all family members are here today to support him. He has also participated in charitable activities.
For these reasons I will exercise my discretion to further reduce the sentence to 5 years’ imprisonment.
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