HKSAR v. LEE HON WAI

DCCC1165/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1165 OF 2008

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Reasons for Sentence

1.  You have pleaded guilty today before me to one count of trafficking in dangerous drugs.  The drug involved here is 21.67 grammes of ketamine.

2.  The facts disclose that at 8.50 pm on 8 October last, you were spotted by police near a taxi stand.  You were stopped for inquiries and upon search the drug was found.  You were arrested and under caution you claimed that you and a friend had pooled money to buy the drugs.  Subsequently, you admitted that you were delivering the ketamine to a friend and that your friend would pay you $900 for half of the ketamine seized from you.  You have admitted those facts and accordingly I have convicted you of the charge.

3.  Your criminal record has been furnished, which shows three sets of matters.  Two sets are for possession of dangerous drugs and one is for possession of pirated discs.  Such record is admitted by you.

4.  Mitigation has followed, in which I am told that your father died in 2002 and shortly thereafter because of lack of supervision you mixed with bad peers.  That is the first lot of offences, in March 2003, of selling the pirated discs.  I am further told and accept that a baby was born on 9 October 2008, which incidentally is the day after your arrest.  I am further told that you needed money to pay medical expenses; as well, you were a drug addict yourself and hence you were easily recruited into this trafficking.

5.  I am told that you are nearly 22.  You have pleaded guilty to trafficking in dangerous drugs.  Your age bears little weight in mitigation.  The courts have indicated that for those involved in the drugs trade, age is not a matter that the court will take into account as a mitigating factor in sentencing.  That of course is because drugs or trafficking in the same is a very serious offence.

6.  Very recently, the tariff with respect to matters involving ketamine was increased and for trafficking in 10 to 50 grammes of this substance, 4 to 6 years’ imprisonment is the suggested starting point.  The drug that you trafficked in here was 21.67 grammes of ketamine.

7.  In all the circumstances here, I am going to take a starting point of 4 years and 6 months’ imprisonment.  You will get the full credit for your plea of guilty of one-third, and accordingly the sentence initially will be reduced to one of 3 years’ imprisonment.

8.  Taking into account the special circumstances with respect to the matter, I am of the view that a further reduction of six months is appropriate.  Therefore you will be convicted and sentenced to 2 years and 6 months’ imprisonment, which I deem covers the totality of the criminality involved here taking everything into account.