HKSAR v. WAN WAI YEUNG

DCCC480/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 480 OF 2011

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Reasons for Sentence

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1.  Defendant, you 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.

2.  You admitted the facts and I convicted you.  Briefly, the facts are as follows.

3.  On 9 March last, at about 1409 hours, you left Hong Kong via Lo Wu, re-entering at about 1534 hours.  A senior customs officer (PW1) intercepted you in the Arrivals Hall.  With another customs officer (PW2), you were taken to another room for a search.  PW2 found a plastic bag with a $20 note containing suspected dangerous drugs inside your underpants.  You immediately admitted this to be ketamine, and under caution confirmed this. You said it was for your own consumption.  You confirmed these admissions in a recorded interview later.

4.  Analysis showed it to be 9.81 grammes of a powder containing 7.55 grammes of ketamine.  You possessed it for trafficking.

5.  At the time of the arrest, you had on your person HK$2,614.60 and RMB5.70.  The estimated street value of the dangerous drugs was $1,109.

6.  You admitted to one previous conviction, which was drug related. 

7.  On your behalf, Mr Cheung entered mitigation.  He said the charge resulted from a random stop, not from you being targeted. Also, that had you not been caught bringing the drugs into Hong Kong, you may have been charged with simple possession.  He pointed out that in your possession there was none of the usual paraphernalia of trafficking, such as bags or scales.

8.  He reminded me that you had only one previous conviction and that was in 2006 for possession of dangerous drugs.  That too was ketamine, I understand.  He told me that your brother and your sisters have come to the court to show support.  He produced two letters which I have considered; one was from yourself and one from your brother and sisters.

9.  Mr Cheung told me that during the period of remand, you had reflected upon your misdeeds and you were remorseful.  You wanted to rid yourself of your addiction.  He referred me to the guidelines, which are for 2 to 4 years’ imprisonment, but invited me to consider the alternative of a Drugs Addiction Treatment Centre program.  This was based on the fact you had already served 3 months’ imprisonment effectively; you were desirous of getting rid of your addiction and the trafficking was technical.  Finally, he pointed out the street value of the drug was quite low.

10.  I turn now to the sentence.

11.  Defendant, you are a man of 32 with what can only be described as a light criminal record.  You have pleaded guilty at the first available opportunity and it appears that at the scene of your arrest you were entirely cooperative with the customs officers.  However, the amount of dangerous drugs, that is ketamine, was not insubstantial, it was 7.55 grammes.

12.  The fact that you were bringing it into Hong Kong can be viewed as an aggravating feature.  As I understand it, the purpose of the legislation is to prevent people bringing drugs into Hong Kong.  This to some extent counter-balances the technical nature of the charge.

13.  Given the amount involved and the circumstances of your arrest, I do not find DATC to be appropriate. However, in view of the circumstances, especially your light criminal record, your cooperation with the customs officers at the scene, your plea of guilty, and what can be viewed as a technical nature of the offence, I have decided to adopt a lower starting point than I would normally adopt.

14.  The starting point I adopt is one of 30 months’ imprisonment.  That will be reduced to 20 months for your plea of guilty.  You will go to prison for 20 months.