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DCCC 173/2013
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 173 of 2013
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| Before: |
HH Judge S D’Almada Remedios |
| Date: |
25 March 2013 at 2.49 pm |
| Present: |
Ms Irene Poon, PP of the Department of Justice, for HKSAR |
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Mr Tang Kim-fun, of Tang, Leung, Li & Tsang, assigned by the Director of Legal Aid, for the defendant |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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Reasons for Sentence
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1. Defendant, you have pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(l)(a) and (3) of the Dangerous Drugs Ordinance.
2. You have admitted that on 23 November 2012 in the street in San Ma Tau Street, To Kwa Wan, you trafficked in 252.32 grammes of a powder containing 86.16 grammes of ketamine.
3. On the day in question at about 5.30 pm police officers were conducting an anti-narcotics operation in that street and saw you acting furtively near a lamp post. They then approached you, disclosed their police identity and made inquiries and searched you.
4. Upon search, one plastic bag containing the dangerous drugs as stated in the charge was found in your underpants. You had at the time in your possession $113.
5. The street value of the drugs was about $30,000.
6. Your solicitor, Mr Tang, has mitigated on your behalf today and I have taken into account all that he has had to say.
7. You are 17 years of age and pleaded guilty at the very first opportunity. Although Mr Tang has said that you are a casual drug taker, he is not submitted necessarily that any particular amount in this case was for your own consumption. He accepted that the court take the whole amount as the amount for trafficking in dangerous drugs.
8. You have two previous convictions for theft which was committed in 2011. You were sentenced to probation for 28 months.
9. At the time of commission of the offence you were a bartender. However, you found that the income you earned of $7,000 a month was not sufficient to support your lifestyle and thus committed this offence to earn quick, fast money.
10. It is very unfortunate and sad that youngsters like yourself are led into commission of these very serious offences so that they can earn money quickly. Where there is a means to earn quick money, almost always there is a problem in that it is illegal. That is why people work so hard to earn a decent living.
11. You have been told by Mr Tang about the tariffs laid down by the Court of Appeal for trafficking in ketamine. The quantity in this case is large. The amount in street value was some $30,000. Your income was comparably much less at the time in the amount of $7,000. I have no option but to sentence you to an immediate term of imprisonment.
12. Youth is no exception to sending you to imprisonment as this offence is of such a serious nature and deterrence is warranted.
13. In following the tariffs laid down in Secretary for Justice v Hii Siew Cheng and taking into account the amount of drugs of 86.16 grammes of ketamine, had I convicted you after trial I would have taken a starting point of 6 years and 3 months’ imprisonment. You have pleaded guilty, shown the court your remorse, and in those circumstances a full one-third discount is warranted.
14. In the circumstances, you are sentenced to 4 years and 2 months’ imprisonment.
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(S. D’Almada Remedios) |
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District Judge |
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