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DCCC1289/2011
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1289 OF 2011
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HKSAR |
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v. |
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Man Wai-kit |
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| Before: |
Deputy District Judge M. Chow |
| Date: |
9 January 2012 at 11.49 am |
| Present: |
Miss Claudia Ng, PP of the Department of Justice, for HKSAR
Ms Lam Moon-hing, Vera, of Messrs Tang Tso & Lau, for the Defendant |
| Offence: |
(1) Trafficking in a dangerous drug (販運危險藥物)
(2) Possession of a dangerous drug (管有危險藥物) |
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Reasons for Sentence
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1. The defendant pleaded guilty to two charges:
1. 1st charge:- trafficking dangerous drugs,
namely 26.81 grams of a powder containing 19.18 grams of ketamine;
2. Charge 2:- possession of dangerous drugs, namely 0.74 grams of a powder containing 0.47 grams of ketamine.
The Facts of the Case
2. At around 3 pm on 18 September 2011, the police saw the defendant putting a transparent resealable plastic bag into a candy vending machine. Subsequently, it was found out that it was the drugs in Charge 1. When the police approached the defendant, he ran away. After a short case, the police subdued the defendant.
3. During a body search, the police found the drugs in Charge 2 in the defendant’s trousers pocket.
4. Under caution, the defendant said that those drugs were for his own consumption. As to the drugs found in the candy vending machine, the defendant admitted that he delivered the ketamine because he wanted to earn some money.
Criminal Record
5. The defendant has six previous convictions. Three were possession of dangerous drugs and the last conviction was trafficking in dangerous drugs, and the defendant was sentenced to 6 months’ imprisonment in December 2010.
Mitigation
6. I am told the defendant is 26, single. Before the arrest, he earned about $2,500 per month as a casual decoration worker. The defendant is now remorseful. He wishes to turn over a new leaf after his discharge from prison.
Sentence
7. According to the case of Hii Siew Cheng, CAAR7/2006, the quantity in Charge 1 falls into the sentencing bracket of 4 to 6 years. I therefore adopt a starting point of 4½ years and reduce it to 3 years to reflect the defendant’s guilty plea.
8. As to Charge 2, I adopt a starting point of 3 months, and reduce it to 2 months. I also order both sentences to be run concurrently.
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(M. Chow) |
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Deputy District Judge |
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