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HCCC244/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 244 OF 2009
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Date:
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18 September 2009 at 9.46 am
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Present:
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Mr Peter John Power, SPP of the Department of Justice, for HKSAR
Mr Ng Tat-fai, Tony, of Messrs Chan & Chan, for the Accused
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Offence:
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Trafficking in a dangerous drug (販運危險藥物)
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: Defendant, stand up. The defendant has pleaded guilty before a magistrate to one count of trafficking in a dangerous drug, namely, 994.46 grammes of a powder containing 796.78 grammes of ketamine. He appears before me now for sentence.
The facts of the case are simple. The defendant was seen holding and looking into a paper bag by officers on an operation. When intercepted, he explained that he was only carrying the bag for the man with whom he was arrested but admitted knowledge that it contained "K chai" and also that he was delivering it for monetary gain.
The defendant is aged 18. He committed the present offence when he was 17½. Educated up to form 2 level, he has had various blue-collar jobs. He had moved out from home at the time of the offence, leaving behind his parents and younger brother and sister. He has two previous convictions, neither of which is similar. For his last conviction, he was sentenced to detention centre. 10 months after his release he involved himself in the present matter.
In mitigation, counsel can really say very little in his favour. It is said that he committed the present offence because he was behind in rent.
For the quantity of drugs involved in this case the starting point is one of 13 years. In view of the guilty plea, it will be reduced by one-third to 8 years and 8 months. As a matter of pure discretion I will reduce it by another 8 months to take account of the defendant's young age but that is all the discount that I can properly give him.
The defendant will go to prison for 8 years.
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