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DCCC 582/2012
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 582 OF 2012
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Before : H.H. Judge G. Lam
Date : 25 September 2012
| Present: |
Ms. CHAN Sze Yan, PP, of the
Department of Justice, for HKSAR.
Ms. Suzanne SIM instructed by M/s Ha & Ho, assigned by the Director of Legal Aid, for the defendant. |
Offence: Possession of a dangerous drug（管有危險藥物）
REASONS FOR SENTENCE
The defendant pleaded guilty to a charge of "Possession of a dangerous drug". The dangerous drug involved is ketamine.
2. About 8:30 pm on 8 April 2012, WPC 5553 (PW1) intercepted the defendant outside Sui Yat House, Yat Tung Estate, Tung Chung for enquiries. Upon search, PW1 found in the defendant's left hand 2 plastic bags (later found to contain a total of 26.75 grammes of a powder containing 21.15 grammes of ketamine). Under caution, the defendant admitted that the "K Chai" was for self-consumption and that she bought it from someone named "Ah Chung".
3. The defendant is now 22 and has 2 previous convictions, both of which are "simple possession". Her 2nd conviction is dated June 2012 and her sentence was a DATC Order, which is still in force. I note that when she committed the present offence, she had only 1 conviction record.
4. In mitigation, defence counsel Ms. SIM explained that in December 2011, the defendant was arrested for a drug offence. Knowing that she would be incarcerated, the defendant foolishly bought a larger quantity of ketamine to indulge herself before losing her freedom. As a result, she was arrested for the present offence. Ms. SIM submitted that 21 grammes of ketamine would last the defendant for about a week.
5. The DATC Report reveals that having been admitted for treatment since June 2012, the defendant is still a drug dependant. The Report also reveals that the defendant first tried ketamine in mid-2006 and her addiction began in mid-2009. She received voluntary addiction treatment from February to August 2010. In September 2011, she relapsed into ketamine again as a result of peer influence.
6. The defendant has only herself to blame. For the present offence, imprisonment is the only option and it is required for deterring her from committing similar offences in the future. I bear in mind that the defendant is facing a "simple possession" charge; however, 21.15 grammes of ketamine is a significant quantity. Considering her relatively young age and that it is her 2nd offence chronologically, I adopt a starting point of 15 months' imprisonment. A one-third discount is given for her guilty plea, reducing the sentence to 10 months. Apart from this, I see no other mitigating factors which warrant any further reduction. Hence, the sentence I pass is 10 months' imprisonment.
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