HKSAR v. CHAN CHUN YIN

DCCC442/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 442 OF 2011

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Reasons for Sentence

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1.  The defendant pleaded guilty to trafficking in dangerous drugs; the quantity was significant, 144.19 grammes of a powder containing 116.93 grammes of ketamine.

2.  If you had been 2 or 3 years older, you would be looking at a 6-year or a 7-year sentence.  Even if you had pleaded guilty, you would be looking at 4 to 4½ years’ imprisonment.  I tell you that to show you, to demonstrate how serious this offence is, trafficking in dangerous drugs. And the courts have said that youth is not a good mitigating factor for leniency.  But when you committed this offence with the 1st defendant, you were only just 16 years old.  So I called for reports for you and the 1st defendant.

3.  I have all the reports before me today.  I do not intend to repeat the contents.  But on the day you were arrested, the 1st defendant told you he was delivering some drugs and he would share his fee with you, and you accepted that offer.  And you agreed to that, and clearly it was not the first time you trafficked drugs. 

4.  The reports show that you come from a supportive and loving family who have not been able to keep you under control and disciplined as a young teenager.  You dropped out of school and became involved with triads.  And you readily admit to the officers that you have been involved in triad activity.  And you said that you could earn 30 to 40 thousand dollars a month trafficking drugs.  You must have considered that easy money and that is why you continued to do it.  And I can see why the temptation was huge, that is a lot of money for doing nothing except to try and evade police officers.  But traffickers usually always get arrested in the end. 

5.  You have made lots of promises in your report to yourself and to your family that you will not disappoint them again, you will not associate with triad related peers and you will not come into contact with drugs.  If you do not keep these promises, you will be back before the court before long and you will lose the support and love of your family.

6.  You are only 16, you still have plenty of time to sort yourself out, learn a trade, get a legitimate job and turn over a new leaf.  The alternative is that you will spend most of your life in and out of prison. 

7.  I have the report’s recommendation, the Young Offender Assessment Panel sees training centre as suitable and appropriate.  Correctional Services Department is of the view that you are fit for rehabilitation centre and training centre, but considers you, after assessing you, more suitable for rehabilitation centre. 

8.  Now, Correctional Services have had 6 months to look after you and their recommendation is rehabilitation centre.  I do take into account you have been in custody for 6 months and I do take into account the sentence I imposed on the 1st defendant.  So I do intend, for this offence, to send you to rehabilitation centre, not to training centre.  But I have to warn you, as I warned the 1st defendant, if you do not comply with the regulations and rules of the rehabilitation centre, they have the power to apply for you to be transferred to training centre.  Do you understand that?

2ND DEFENDANT: Yes.