HKSAR v. CHU KA MING

DCCC1137/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1137 OF 2008

----------------------

----------------------

Reasons for Sentence

1.  The defendant appears before me today charged with one count of possession of dangerous drugs being 0.79 grammes of ketamine and one count of trafficking in a dangerous drug being 35.52 grammes of ketamine and 0.52 grammes of cocaine.

2.  He has pleaded guilty to both matters and admitted the facts put to him.  They are basically that on 8 September 2008, he was found in possession of the small amount of ketamine as relates to the 1st charge.  He was put on police bail for that matter.  Whilst he was on bail, some 10 or 11 days later, he was found to have trafficked in the drugs with respect to the 2nd charge.

3.  The record of the defendant has been furnished and agreed by him and it shows four matters, the last of which is possession of a dangerous drug in March 2007 for which he was given probation.  Mitigation has followed.  I am told that the defendant has been advised that it is a serious offence.  His family are very supportive of him and he has worked diligently up to his incarceration. 

4.  As well, I have been furnished with a number of authorities to assist with respect to sentencing.  The trafficking in dangerous drugs is a very serious offence, and the guidelines for trafficking in ketamine have recently been increased.  The authorities now suggest that between 10 to 50 grammes of that substance,  attracts a starting point of 4 to 6 years.  Here, there was in excess of 35 grammes of that substance in the 2nd charge, together with a small amount of cocaine.

5.  I am of the view, taking everything into account as I do, that the proper starting point for the 2nd charge is one of 5 years and 3 months.  You will get the full credit for your plea of guilty and therefore on that matter, you will be convicted and sentenced to 3 years and 6 months’ imprisonment. 

6.  With respect to the first matter, I take a starting point of - it is a possession matter - 6 months’ imprisonment.  You will get the full credit for your plea of guilty on that matter and you will be convicted and sentenced to 4 months’ imprisonment. 

7.  They are separate and distinct matters.  As well the second matter of trafficking is aggravated by the fact that it was committed whilst the defendant was on bail for a like offence albeit a possession of dangerous drugs.  However, taking everything into account and looking at totality, I am of the view that the sentences should be served concurrently.