HKSAR v. WONG PUI LAM

DCCC 1207 /2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1207 OF 2011

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REASONS FOR SENTENCE

          The defendant pleaded guilty to a charge of "Trafficking in dangerous drugs". The dangerous drugs involved are ketamine and cocaine.

2.  About 1:20 a.m. on 29 August 2011, the defendant was driving a private car at Cheung Shan Estate Road West near Sau Shan House, Cheung Shan Estate in Tsuen Wan.  Police officers stopped and searched the defendant.  In the defendant's left trouser pocket, a transparent plastic bag which contained 13.05 grammes of a powder containing 7.88 grammes of ketamine (E1) was found.  A notebook (E2) was also seized from the said private car.

3.  Under caution, the defendant admitted that he was delivering E1 and would collect the proceeds for an unknown male in return for a reward of $700.  On that day, he had collected $11,800 as proceeds of selling dangerous drugs.  At the time of arrest, the defendant had with him 2 mobile phones and cash in the sum of $13,550.50.

4.  In a cautioned interview held in the evening on the same day, the defendant admitted that since mid-August 2011, he began selling dangerous drugs for a man named "Big Head" at a daily wage of $700.  Since 21 August 2011, Big Head gave him a car for delivering dangerous drugs to different locations.  Every day, the defendant would use E2 to record the quantity, type and location of each delivery.

5.  On 30 August 2011, police officers searched the defendant's car in his presence.  A brown fabric bag (E3) and a blue fabric bag (E4) were found underneath the transmission lever.  E3 was found to contain traces of trifluoromethylphenylpiperazine (E5).  Inside E4, the following items were found :

(a) 1 plastic bag containing 10 plastic bags which contained a total of 2.72 grammes of a solid containing 2.37 grammes of cocaine (E6);

(b) 22 plastic bags which contained a total of 57.63 grammes of a powder containing 36.39 grammes of ketamine (E7); and

(c) 1 plastic bag containing 1 plastic bag which contained 0.36 gramme of a powder containing 0.23 gramme of ketamine (E8).

6.  The defendant was arrested and cautioned again. Under caution, he admitted that the ketamine was supplied to him by Big Head for sale.  In a cautioned interview held on 30 August, the defendant admitted that he knew E6 to E8 are dangerous drugs.  He said Big Head gave those items to him on 28 August and he would sell them upon receiving instructions from Big Head.

7.  The defendant is now 23 years old and has a clear record.  Defence lawyer Mr. WONG submitted that prior to the present offence, the defendant worked as a delivery worker.  He became unemployed in August 2011. In order to earn some money to make his financial contribution to his mother, the defendant foolishly agreed to deliver dangerous drugs.  Mr. WONG also submitted that the defendant's family members all support him.  He cooperated with the Police and made frank admissions.  A bundle of mitigation letters were placed before me and their contents are duly noted.

8.  A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment even for fresh offenders.

9.  The Court of Appeal has laid down clear sentencing tariffs for trafficking in cocaine and ketamine (see Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69 and The Queen v LAU Tak-ming & others [1990] 2 HKLR 370 for cocaine; SJ v HII Siew Cheng [2009] 1 HKLRD 1 for ketamine). For up to 10 grammes of cocaine, the sentence ranges from 2 to 5 years' imprisonment.  For 10 to 50 grammes of ketamin, the sentence ranges from 4 to 6 years' imprisonment.

10.  In determining the proper starting point, I have reminded myself of the sentencing principles for trafficking in cocktail drugs stated in HKSAR v YIP Wai-yin & another CACC 80/2003 and HKSAR v CHENG Yat-ming CACC 455/2006.

11.  The defendant trafficked in a cocktail of drugs consisting of 2.37 grammes of cocaine, 44.50 grammes of ketamine and a negligible quantity of trifluoromethylphenylpiperazine, which I will ignore for the purpose of sentencing.  According to the sentencing tariffs, for 2.37 grammes of cocaine, the appropriate starting point is 2.5 years.  For 44.50 grammes of ketamine, the appropriate starting point is 5.5 years.

12.  Based on the nature and quantities of the cocktail components, instead of simply adding 2.5 years onto 5.5 years, I consider that the "combined" approach would arrive at a realistic and fair sentence. 

13.  To adequately and accurately reflect the seriousness of the drugs involved as well as the more potent and harmful effect of a cocktail drug, I adopt a starting point of 6.5 years' imprisonment. One-third discount is given for the guilty plea, reducing the sentence to 52 months.  Apart from this, I see no other mitigating factors which warrant any further discount.  The sentence I pass is 4 years and 4 months.