HKSAR v. LIN HON LEUNG

DCCC304/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 304 OF 2011

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to two charges 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 of the 1st charge being that on 15 November of last year at Ma Tau Kok Road near Pau Chung Street in Kowloon, you unlawfully trafficked in 19.9 grammes of ketamine, and the particulars of the 2nd being that on the same day at Room 1227, Narcissus House, Ma Tau Wai Estate, you unlawfully trafficked in 96.44 grammes of ketamine.

2.  The Summary of Facts which you have agreed are quite straightforward and reveal that on the day in question you were stopped and searched by police at the location in the 1st charge when two plastic packets containing the ketamine referred to in Charge 1 were found in your trousers pocket.

3.  You were then taken back to your home, the location in the 2nd charge.  The premises were searched and the drugs referred to in Charge 2 were found in 10 plastic packets from your bedroom.  Also discovered were some electronic scales and 14 separate resealable plastic bags.

4.  You subsequently told the police that you were given the ketamine by a drug dealer who told you that you would receive $1,000 if you could sell the drugs.

5.  You are only 19 years of age and have a clear record.  I have received a background report on you from the Probation Service together with a training centre suitability report.  You are not suitable for training in a training centre due to your being a drug-dependant. 

6.  What is apparent from the reports is that you dropped out of school in February 2009 without completing Form 4.  You have associated yourself with triads and started hanging around in bars and discos when you started to sniff ketamine.  You were unable to hold down any steady job and so turned to selling ketamine in order to earn easy money.  I am told that your mother is now in a residential home having suffered a stroke and your father suffers from mental problems.

7.  Once again, I reiterate in these courts that it is a pity that a young man such as yourself should succumb to drug pedalling.  Although I am aware that there is an outstanding case, you have a hitherto clear record and now face a considerable length of time in prison in relation to the present offences.   

8.  Your counsel is right.  The present sentencing guidelines indicate a sentence after trial of 6 to 9 years’ imprisonment for trafficking in 50 to 300 grammes of ketamine.  The total amount of ketamine that this court is dealing with is approximately 116 grammes. 

9.  On Charge 1, I adopt a starting point of 4½ years’ imprisonment.  I shall reduce this by one-third to take account of your plea of guilty, coming to 3 years imprisonment.  I am prepared to reduce this further by one year to take account of your relative youth and other mitigating factors put forward on your behalf, including your clear record, coming to 2 years’ imprisonment on Charge 1.

10.  On Charge 2, I adopt a starting point of 7 years’ imprisonment.  Again, this will be reduced by a third to take account of your plea of guilty, coming to 4 years 8 months’ imprisonment on Charge 2.  I will give you a similar further discount of one year to take account of your relative youth and other mitigating matters, arriving at a sentence of 3 years 8 months’ imprisonment on Charge 2.

11.  Due to the question of totality of sentence, I order the sentences on Charge 1 and 2 to run concurrently with each other, arriving at a total sentence of 3 years and 8 months’ imprisonment in all.