HKSAR v. TAM KA KIT

DCCC 1007/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1007 OF 2015

____________

____________

REASONS FOR SENTENCE

The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved is ketamine.

Summary of Facts

2.  About 8:20 p.m. on 26 September 2015, PC 8095 (PW1) and PC 1564 stopped the defendant for enquiry outside Ground Floor, Sau Hong House, Sau Mau Ping Estate, Kowloon.

3.  PW1 searched the bag carried by the defendant.  He found inside the bag a resealable plastic bag which contained 250 grammes of a solid containing 138 grammes of ketamine.

4.  Under caution, the defendant admitted that he was delivering the ketamine to someone for a friend named "Wah Chai".

Mitigation & Sentence

5.  The defendant is 28 and has a clear record.  Defence counsel Mr. TSOI informed me that the defendant is single and resides with his mother.  He is the only child of his family.  His father passed away about 5 years ago.  At the time of his arrest, the defendant was unemployed relying on social welfare.

6.  In mitigation, Mr. TSOI submitted that the defendant used to work as a cook and a salesman.  He had problems with his right leg which made him unable to stand for an extended period of time; and thus forcing him to quit his jobs.  He received surgery in 2014 but still suffers from leg pain.  Due to influence of undesirable peers, the defendant foolishly believed that taking drugs could relieve his discomfort.  When asked if any claim for self-consumption, Mr. TSOI fairly replied "No" because the defendant had admitted that he was delivering the ketamine for a friend.  Letters written by the defendant and his mother were placed before me; their contents are duly noted.

7.  In the past few years, I have seen a steady (if not increasing) number of persons (many were in their late teens or early 20s and with clear record) in my court being charged with "drug trafficking".  Many of them were just like the defendant – persons acting as "couriers".

8.  A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment even for fresh offenders, so that there is a deterrent effect.

9.  When Hong Kong citizens realize that the court would not treat drug traffickers lightly, there would be, hopefully, fewer willing "couriers"; thus making it difficult for criminals to exploit them.  Undoubtedly, most of them are "used" by bad persons (or so they claim).  That is the reason why we need to make people think twice before they agree to be "used".

10.  The Court of Appeal has laid down clear sentencing guidelines for trafficking in ketamine (see  SJ v HII Siew Cheng [2009] 1 HKLRD 1).  For 50 to 300 grammes, the sentence ranges from 6 to 9 years' imprisonment.  The defendant trafficked in 138 grammes, the appropriate starting point is 6.5 years' imprisonment.  A one-third discount is given for the guilty plea, reducing the sentence to 52 months.  Apart from this, I see no other mitigating factors which warrant any further reduction.   I sentence the defendant to 52 months' imprisonment.