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DCCC721/2010
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 721 OF 2010
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Before:
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Deputy District Judge C. P. Pang
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Date:
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26 August 2010 at 10.03 am
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Present:
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Miss Monica Chan, PP, of the Department of Justice, for HKSAR
Miss Zoe Chan of S H Chan & Co., assigned by the Director of Legal Aid, for the Defendant
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Offence:
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Trafficking in a dangerous drug (販運危險藥物)
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Reasons for Sentence
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1. Defendant pleaded guilty to one charge of trafficking in a dangerous drug. The facts he admitted can be summarised as follows.
2. At about 1 am, on 23 April 2010, acting furtively near a car park of Shun Tin Estate, Sau Mau Ping, Kowloon, the defendant was intercepted by police officers. Upon a bodily search a resealable plastic bag containing ketamine was found inside the left front pocket of the defendant’s jeans. The defendant was therefore arrested for possession of a dangerous drug. Under caution he admitted that he brought the ketamine there for someone for a reward of $100. The plastic bag was examined by the Government Chemist and found to contain a total of 13.57 grammes of a powder containing 9.6 grammes of ketamine.
3. The defendant is only 16. Although he does not have a criminal record, he does have a record which is not similar to the present charge. In view of his age I called for a range of reports, which are now available. In brief, he is found unsuitable for DATC as he is not a drug dependent. He is medically unfit for detention centre because of thalassemia.
4. While he is fit for RC or TC, Mr Luk of Pik Uk Correctional Institution considers the defendant more suitable for RC. Probation officer Mr Y C Chan is of the view that a period of training in a disciplinary environment should be beneficial to the defendant for his reformation. Hence probation or community service orders are not considered suitable. I agree with his opinion.
5. The defendant is only 16. He does not have a bad record. I think imprisonment is neither beneficial to him for reformation or to the society. Apart from punishing the defendant, rehabilitation should also be considered by the court.
6. Having considered his very young age, his plea of guilty and the fact that he has been in custody since the day he was arrested, I would adopt the recommendation of Mr Luk of the Correctional Services Department and sentence the defendant, by order of detention, in a RC.
7. But I must warn you, defendant, trafficking in a dangerous drug is a very serious offence. If you were an adult I am sure that I would send you to prison without any hesitation. According to the Court of Appeal’s guideline, for the quantity of ketamine you trafficked, 4 years' imprisonment is the appropriate starting point. You should consider yourself very, very lucky today that I do not send you to a training centre or a prison. Make sure that you stay away from dangerous drugs. Treasure the chance I give you today. If you commit the offence again you will no doubt go to prison for a very long time. You understand? Right, that is the order that I make.
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(C.P. Pang) |
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Deputy District Judge |
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