HKSAR v. CHAN SIN HANG

DCCC 1183/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1183 OF 2010

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REASONS FOR SENTENCE

1.  The defendant pleads guilty to one charge of trafficking in 29.47 grammes of a powder containing 23.57 grammes of ketamine, contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2.  In summary at around 21.55 hours on the 1st August this year the police intercepted the defendant outside the ground floor of Fu Kwok House in Kwai Chung.  One transparent plastic bag containing three smaller bags, inside which was the ketamine, was found from the right front pocket of the defendant’s trousers.  Under caution the defendant claimed the ketamine was for his consumption, having bought the drug that afternoon from an unknown male in Tsuen Wan

3.  In passing sentence I have carefully considered everything said on behalf of the defendant by Mr Yeong, together with the letters submitted by the defendant’s parents and his employer. 

4.  In the Secretary for Justice v HII Siew-cheng [2008] 3 HKC 325 the Court of Appeal laid down guidelines for trafficking in ketamine.  Where the narcotic content is between 10 and 50 grammes sentence after trial falls within the range of 4-6 years imprisonment.   I am satisfied the proper starting point after trial for 23.57 grammes of ketamine is 4 years and 9 months imprisonment.

5.  I am told the defendant is a drug addict.  In the letter from Glorious Praise Fellowship H.K. Ltd. Reverend McKnelly asks the court to place the defendant on probation so as to enable him to receive drug treatment for his addiction. Notwithstanding the defendant’s young age, his unfortunate background in that his father and some of his relatives are drug addicts and appreciating the work carried out by Reverend McKnelly, the only appropriate sentence for trafficking in a substantial quantity of ketamine is one of a custodial sentence. 

6.  Further the defendant having been given a chance by the court in 2008 when he received a suspended sentence for possession of drugs, although not breaching the sentence, has not rid himself of his addiction but has instead resorted to trafficking in drugs.  There are no exceptional circumstances warranting departure from the guidelines laid down in the Secretary for Justice v HII Siew-cheng.

7.  Although the defendant told the police the ketamine was for his own consumption I am told today that all the drugs were for trafficking and none was for self consumption.  Giving the defendant full credit for his plea of guilty he is sentenced to 3 years and 2 months imprisonment.