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DCCC 489/2017
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 489 OF 2017
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| Before: |
Deputy District Judge E Lin |
| Present: |
Ms Irene Poon, SPP of the Department of Justice, for HKSAR
Mr Li Man Pong, of K Y Lo & Co, assigned by the Director of Legal Aid, for the defendant
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| Offence: |
Trafficking in a dangerous drug（販運危險藥物） |
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REASONS FOR SENTENCE
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1. In this case, the defendant So Ka Ki is charged with, pleaded guilty to and convicted of one count of “Trafficking in a Dangerous Drug”, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.
2. The facts revealed that some time after midnight on 11 February 2017, armed with a Search Warrant issued by the court, the police arrived at a unit of a guesthouse in Argyle Street. Having entered the unit by force, they saw the defendant sitting on one of the beds in the room. Upon searching, the police found five bags of ketamine (one big and four small bags).
3. The total quantity inside those four bags was 250.92 grammes of powder containing 117.31 grammes of ketamine.
4. The police also found an electronic scale and 196 resealable plastic bags inside the drawer of the cabinet next to the bed. Cash in the total amount of 11,000 and two mobile phones were placed on top of the cabinet. On the defendant’s person, the police also found cash in the sum of $9,991.1 and a small quantity of Renminbi.
5. Under caution, the defendant admitted the drugs were for sale.
6. The defendant further revealed that he bought the drugs for $30,000 and he planned to repackage it into smaller bags with the electronic scale and the resealable plastic bags. The room was rented by him.
7. The estimated market value of the drugs is $69,756.
8. The defendant at the time was living in a public housing estate in Tsing Yi and at his home the police found no incriminating items.
9. Drug-trafficking is a serious offence. There are very clear guidelines. The present case falls within the 50 to 300 grammes bracket, which warrants a term of imprisonment from 6 to 9 years.
10. The 117.31 grammes of ketamine in the present case would warrant a term of imprisonment of 6.63 years, which would be 79.6 months.
11. In the present case, there is nothing which might justify my departure from the guidelines set out.
Mitigation
12. I turn to consider the mitigation put forward by his counsel.
13. The defendant is aged 28. He had a clear record, lived with his parents. I have also considered the letters of mitigation pleading for leniency on his behalf by his parents and his wife. I am sure he was otherwise a good husband and dutiful son.
14. However, offences of this kind warrant a deterrent sentence. Dangerous drugs have an adverse influence on the society and individual. Trafficking in dangerous drugs must be discouraged.
15. So the fact that he had a clear record, the fact that he had been a dutiful son and good husband are not really relevant matters in light of the principle of deterrence for sentencing in offences of this nature.
16. Having considered the circumstances as a whole, the only valid mitigating factor is the fact that he pleaded guilty and, according to the law, he is entitled to a one-third discount.
17. Therefore the starting point will be reduced by one-third. To round it up, I hereby sentence the defendant to a term of imprisonment of 53 months, which would be 4 years and 5 months.
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(E Lin) |
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Deputy District Judge
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