HKSAR v. YUEN SHEK-KIN

DCCC1047/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1047 OF 2011

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Reasons for Sentence

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1.  The defendant pleaded guilty to one count of trafficking in a dangerous drug.

2.  The prosecution case is that at about 2 pm on 18 June 2011, the police raided the defendant’s premises situated at Sau Shan House, Cheung Shan Estate, Tsuen Wan.  The police found a metal box in the defendant’s bedroom.  Inside the metal box found seven plastic bags each containing one plastic bag containing ketamine.

3.  Chemical analysis confirmed that the total quantity of the powder amounted to 90.41 grammes containing 75.98 grammes of ketamine. 

4.  Under caution, the defendant admitted that the ketamine belonged to him and was for his own consumption.  He bought the drugs in Mongkok at $4,000.  In the video recorded interview, the defendant further admitted that he consumed about 3 to 4 grammes of ketamine per day.  He earned about $11,000 per month. 

5.  The estimated street value of the drug was about HK$10,000. 

Mitigation

6.  The defendant is aged 22 and single.  His education was up to Form 3.  He used to work as a delivery man earning about $11,000 per month.  He met undesirable people and started to abuse drug in 2008.  He consumed 1 gramme to 8 grammes katemine per day. 

7.  In 2008, he was convicted of one count of possession of dangerous drug.  In the present case, he admitted that out of the seven bags, he intended to sell some of the ketamine and consumed some.   He was remorseful.  The defendant tendered his and his father’s mitigation letter.  His father had quit his job in China and he intended to spend more time with the defendant upon the latter’s discharge.

8.  The defendant, in his mitigation letter, now realised the seriousness of the crime which would cause great harm to society and many youngsters.  He was grateful for the support from his family and would reform himself and turn a new leaf.

Sentence

9.  The defendant is only 22 years old and in April 2008 he was put on probation for 18 months for one count of possession of dangerous drug.  On that occasion, he was spared to spend time in jail and yet he did not value the chance to reform himself. 

10.  In the present case, the most important mitigating factor for the defendant is his guilty plea, for which he is entitled to have one-third discount in sentence.  I do not accept that the drugs so seized, which was packed in seven plastic bags, were for his own consumption.   

11.  I have asked and was told that the defendant would not ask for a Newton Enquiry.  In mitigation, it was submitted that some of the ketamine were for his own consumption.  It is widely known as a fact that ketamine could cause serious health hazard and even mental risks to addicts. Quite often, drug dealers exploit youngsters to act as a seller or courier so as to widen and expand their selling network and clients. 

12.  The defendant was instrumental to the widespread of this drug which caused more and more young people to fall into this evil.

13.  The sentencing guideline is well established. In normal circumstances, trafficking in ketamine amounting to 50 grammes to 300 grammes would attract 6 to 9 years’ imprisonment.  As the present case involved 75.98 grammes of ketamine, the sentence should start with around 6½ years.  However, I accept that the defendant is really remorseful and eager to reform himself to be a responsible and law abiding citizen in Hong Kong.  The defendant might well take a small portion of the ketamine so seized for his own consumption. As such, I am lenient to the defendant and adopt 6 years as the starting point. Because of his plea, the sentence is reduced to 48 months.