HKSAR v. HON WAI

DCCC1049/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1049 OF 2009

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to an offence 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 20 June of last year, outside No. 204 Portland Street, Mongkok, unlawfully trafficked in 73.91 grammes of a powder containing 34.68 grammes of ketamine.

2.  The facts, which you have agreed, quite simply indicate that at the time and date in question the police spotted you acting suspiciously.  Upon a search, 9 plastic packets of ketamine were found inside your shoulder bag.  You told the police that the ketamine was for your own consumption, but by your plea of guilty you have acknowledged that you possessed this quantity of ketamine for the purposes of trafficking.

3.  You are still extremely young - only 21 years of age - and have a clear criminal record.  It is such a shame that an increasing amount of youngsters such as yourself are involved with ketamine, which is why new sentencing guidelines were introduced by the Court of Appeal in June of 2008, to reflect the seriousness of this particular offence and to act as a deterrent to others.

4.  Whilst I accept that you are young and have a clear record, the only real mitigation is your plea of guilty and I will give you the appropriate amount of discount in sentence to reflect this.

5.  For the amount of ketamine which you have in your possession, some 34.68 grammes, the appropriate starting point after trial would be 5 years’ imprisonment.  I adopt that as my starting point but will discount this by one-third to reflect your plea of guilty, arriving at a sentence of 3 years and 4 months’ imprisonment.