HKSAR v. SIN CHOR LEUNG

DCCC1245/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1245 OF 2008

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Reasons for Sentence

1.  The defendant pleads guilty before me today to one count of Trafficking in a dangerous drug.  The drug involved is 70.2 grammes of ketamine.  As I say, he has pleaded guilty and admitted the facts.

2.  They are, shortly, that about 7 am on 15 November last, he was intercepted at the Customs Arrival Hall coming back from Shenzhen.

3.  He was searched and the drugs were found under his left armpit, his right armpit, and subsequently a packet in his underpants.  He frankly admitted that the substance was “K Chai” and he said at the time under caution that he bought it at a disco in Shenzhen for RMB1,800 for his own consumption.  As I say, he had admitted those facts.

4.  A record was produced which showed one previous matter of possession of dangerous drugs for which he was convicted on 21 June 2001 and received a fine.

5.  Mitigation has followed in which I am told that although he is 28 and single, he has a girlfriend that he lived with in Shenzhen.  The girlfriend is pregnant and expected to deliver a child in April this year.  I have been shown a document to that effect.

6.  I am told the defendant was a waiter, the business had closed shortly before the offence and, as a consequence, he became unemployed.  He was indebted to a finance company for a banquet he put on, together with hospital expenses, etc., and that is why he agreed to commit this offence.

7.  Contrary to what he had said under caution to the police upon his arrest, he now admits that he did commit the offence for reward due to the financial position that I have just indicated.

8.  He said he was promised $1,000 to deliver the drugs from Mainland China to Hong Kong.

9.  As well, I have been furnished with a letter from the defendant, which has been translated, and I have read fully.  It sets out virtually what has been said in mitigation on his behalf, adding that he met undesirable characters and the criminals used him.  He deeply regretted what has happened.

10.  His mother has also furnished a letter to the court.  The gist of it is that she confirms the defendant used to give her $2,000 for board.  He had come from a poor family.  His mother was surprised when she found out about this matter and knows that he regrets it.  She asked for leniency.

11.  His girlfriend has also furnished a letter.  She confirms the impending birth in April.  She says he was in financial difficulty, he did wrong, and she asked for leniency.

12.  Trafficking in ketamine is a very serious offence.  A custodial sentence is inevitable.  So serious is the problem with drugs of this nature that the higher courts only last year increased the tariffs with respect to sentencing.

13.  For the trafficking in 50 to 300 grammes of ketamine, a starting point of 6 to 9 years is the appropriate one.  Here, the drugs involved were slightly in excess of 70 grammes of ketamine.  I am of the view, taking everything into account as I do here, that an appropriate starting point is one of 6 years and 3 months’ imprisonment.

14.  The defendant did plead guilty to the matter.  He admitted his guilt and he did it for reward.  He will get the full discount with respect to his plea of guilty.  Therefore, for this offence he will be convicted and sentenced to 4 years and 2 months’ imprisonment.