HKSAR v. LOW THENG KANG

DCCC513/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 513 OF 2012

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to an offence of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

2.  You have admitted that on 18 March 2012 at Rich Towers, No.2 Blenheim Avenue, Tsim Sha Tsui, you unlawfully trafficked in 5.27 grammes of a powder containing 4.20 grammes of ketamine and 8.19 grammes of a solid containing 6.13 grammes of cocaine.

3.  On the day in question, at about 1.40 am, police officers raided the premises, which was a private premises but was used as a bar.

4.  They saw you there and next to you was a small black bag containing the drugs.  Within that bag was cash of $5,700 and upon searching you, $948 was found on your person.

5.  You admitted, under caution, that you were selling the drugs for your boss.  In the bag there were nine plastic bags containing ketamine.  That was to be sold at $100 a packet. The cocaine was contained in 33 plastic bags they were to be sold for $400 a packet.

6.  The estimated value of these drugs by the police was about $13,000.

7.  Mr John Ip, your solicitor, has made full mitigation before me and I have taken into account all that he has had to say on your behalf.

8.  You are 19 years of age and of clear record. 

9.  Prior to sentencing you, I called for a training centre report.  The report is lengthy, thorough and comprehensive.

10.  It gives me, as earlier stated in mitigation by Mr Ip, a deep insight into your family background, upbringing, employment history after you left school and thereafter until your arrest.

11.  It shows that during your early teens, you were ill-behaved and gradually began to lead a wayward life and indulge in idle occupations and eventually mixing with dubious peers, as a result of which led you to commit this offence. 

12.  You were recruited by your employer to work at the bar and sell drugs to customers of the bar.

13.  You have attributed your wrongdoing in committing this offence to your greed to make fast money.

14.  I have received a letter from you today to say that you know what you have done is very wrong and the charge is very serious.  You are determined to turn anew after you have completed your sentence for this offence.

15.  Your parents are here in court today.  They are both retired and are living on CSSA.  As can be seen from the report and their presence today, they care much about you and rendered you sufficient attention and protection during your early years.

16.  Despite them trying to give effective parental supervision, you turned a deaf ear to their advice and eventually turned loose after you grew up.

17.  You have greatly disappointed them with your involvement in the present offence and they sincerely hope that you will turn over a new leaf of life for the future.

18.  They are supportive parents and have paid regular visits to you during your remand and will do so unfailingly when you are released.

19.  As you know and as you have said, trafficking in dangerous drugs is a very serious offence.

20.  The appellate courts have said that even for first offenders of young age, that carries very little weight as regards mitigating factors.

21.  There are clear sentencing guidelines laid down by the Court of Appeal for trafficking in drugs and for these drugs involved that you have been involved with, the sentence is one of an immediate imprisonment.

22.  You had an amount of 6.16 grammes of cocaine for trafficking, following R v Lau Tak Ming, the appropriate sentence starting point after trial would be 45 months’ imprisonment, and for the quantity of ketamine, 4.20 grammes, the starting point after trial would be 33 months’ imprisonment.

23.  The cocaine is a more potent drug than ketamine.  The two types of drugs appeared not as a mixture but in many separate packages.

24.  As stated in HKSAR v Ko Ka Hing [2009] 4 HKLRD 856, for sentencing defendants, there is an individual approach and a combined approach.  In taking the individual approach, a starting point is determined for each type of dangerous drugs and then they are combined into an overall starting point.

25.  In taking that approach, I take an overall starting point of 48 months’ imprisonment, or 4 years’ imprisonment, and if giving you one-third credit for your plea of guilty, that sentence would be reduced to 2 years and 8 months’ imprisonment.

26.  Looking, however, at all the circumstances in this case and in the in the interest of justice as regards you defendant and society, I consider that in view of your age, that training centre is more appropriate for you defendant than imprisonment.

27.  The training centre order would assist you to strengthen your law-abiding concept and help you to develop more insight into your problems, and the period of comprehensive disciplinary training programme, including educational and vocational training, coupled with statutory supervision, would be beneficial to you.

28.  The defendant has already been remanded for some 4 months. A training centre order would impose a period of detention more or less the same as a period of imprisonment.

29.  For these reasons, defendant I sentence you to training centre.