HKSAR v. NGAI WAI TUNG

 DCCC1204/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1204 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a single offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134. You admitted the Brief Facts, and I convicted you.

2.  The facts were as follows. Around 9.00 pm, on 10 August last, police laid ambush in the vicinity of Fu Tin Car Park, Hang Mei Tsuen, Ping Ha Road, Tin Shui Wai. At about 10 minutes past midnight, on 11 August, PW1 and party entered a container under the authority of a search warrant. They revealed their police identities to you and six of the males who were there. A body search of you revealed six transparent plastic bags containing white powder inside a black plastic bag, which was located in your shorts pocket.

3.  After arrest and caution you claimed you had bought the ketamine for your own consumption.

4.  Subsequent analysis revealed a 102 grammes of powder containing 80.20 grammes of ketamine. The estimated street value is some $12,143.

5.  You admitted to one previous conviction, which was not similar. In view of your age and your light record I adjourned the case for a probation officer’s background report. That is now before me and has been fully considered by me.

6.  Mr Szeto informed that you agreed with the contents of that report, save for line two of paragraph 7. I was informed that you do accept that you had possessed the drugs for the purpose of trafficking.

7.  Mr Szeto then moved to mitigation on your behalf. He commended the probation officer’s background report, which provided accurate and comprehensive information about your personal circumstances. You were 22, living with your fiancé. Your fiancé gave birth to a healthy baby girl some two days ago. He pointed out that you had one previous conviction, but that is some time ago, and was for a minor theft. This is the first time you have been involved with drugs.

8.  Mr Szeto also read out three letters, one from yourself in which you expressed regret and remorse, one from your fiancé and one from your mother. Those letters are supportive and speak well of you. Your mother expresses how that it is a pity that you have landed yourself in this serious trouble. I note also, from the presence of your family, that you do enjoy their support. That is a positive for the future.

9.  I turn now to the sentence. Trafficking in dangerous drugs is a very serious offence indeed. It is one for which only an immediate and substantial prison sentence is appropriate. In this case we are dealing with 80 grammes, approximately, of ketamine. However, in mitigation I do note your light record, your expressions of remorse, including your plea of guilty, and that you do enjoy your family’s support. I also take into account your relative youth and that you have recently become a father, and because of your crimes you have been deprived of the opportunity to be with your child.

10.  Mr Szeto, quite rightly, pointed out to me that the range of sentences for this type of offence is a starting point of between 6 and 9 years. He asked me to be as lenient as I possibly could. I must admit that despite the serious nature of this offence I do feel some sympathy for you.

11.  Taking all factors into account, I am going to take the lowest level of the tariff. Therefore I take a starting point of 6 years, reduced to 4 years. You will go to prison for 4 years, the reduction of one-third being on the basis of your plea of guilty. You will have, no doubt, have been advised that the time in remand will come towards that sentence.