HKSAR v. LO KWUN CHUNG

DCCC 289/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 289 OF 2014

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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. He has accepted the facts of the case, as presented by the prosecution, and I have convicted him accordingly.

2.  The offence was committed on 5 February 2014. As a result of an anti-narcotic operation in Tuen Mun, the defendant was intercepted by police officers when walking out of his home address. 

3.  On entry to his bedroom in that address, the drugs in question were found, together with plastic spoons, electronic scales and plastic bags, paraphernalia for the trafficking of dangerous drugs.  The drugs were found in the defendant’s bedroom, totalling 37.76 grammes of ketamine. The defendant immediately admitted he was selling the ketamine to others for a monetary award.

4.  In a subsequent video recorded interview, the defendant expanded upon that admission under caution.  He would sell the ketamine to his friends, who would communicate with him by mobile phone and he would deliver the drugs to them in the street.  He bought the drugs for one to two thousand dollars and he would divide and repack the drugs. 

5.  The street value of the drugs seized was $5,580.

6.  The defendant has admitted his antecedents, which consist of a criminal record.  He has committed four criminal offences between 2007 and 2012.  Three of those are for dangerous drugs:  he was fined in 2008 and then sent to a Drug Addiction Treatment Centre in both 2010 and 2012.  He is also subject to a binding-over order.

7.  As far as his personal circumstances are concerned, he is 25 years old.  He was a decoration worker at the time of his arrest.  He is single and lived with his family in the address where the drugs were found.

8.  As far as mitigation is concerned, it is submitted on behalf of the defendant that at the time of his arrest he was unemployed and in serious financial difficulty.  He had debts, along with his girlfriend, who also had them as well, and at the time had no income and resorted to trafficking drugs to raise money.

9.  In a letter to the court, he expresses his remorse.

10.  As far as the sentence is concerned, the trafficking in dangerous drugs of this nature (namely, ketamine) is subject to a tariff sentencing.  The guideline for sentencing puts this defendant in the bracket of 10 to 50 grammes, which is a period of 4 to 6 years’ imprisonment.

11.  I considered, having regard to all these factors, the defendant is not a person of clear record, but his previous convictions have not reached a stage where they are an aggravating factor. 

12.  I consider the appropriate starting point for sentence for this defendant is one of 60 months’ imprisonment (that is, 5 years’ imprisonment), with a discount of one-third for his plea of guilty; gives a total of 40 months’ imprisonment for this offence.

13.  I think, as, technically, the defendant is in breach of his binding-over order, but as it is a dissimilar conviction, I shall take no action on that.  It remains in force.