HKSAR v. TO CHU KAM

DCCC 51/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 51 of 2013

----------------------

----------------------

---------------------

Reasons for Sentence

---------------------

1. Defendant, you have pleaded guilty to two charges of trafficking in a dangerous drug, contrary to section 4(l)(a) and (3) of the Dangerous Drugs Ordinance. Both offences occurred on 4 October 2012 in Kwai Chung. In the 1st charge you admitted to trafficking in 20.56 grammes of a powder containing 16.26 grammes of ketamine at Shek Lei Shopping Centre Bus Terminus. In the 2nd charge you admitted to trafficking in 76.90 grammes of a powder containing 42.45 grammes of ketamine at your house at Shek Lei Estate.

2. The facts can quite simply be stated that on 4 October 2012 at about 6.30 pm police officers saw you at the bus terminus looking nervous and thus intercepted you.  Upon search they found three plastic bags containing the drugs in question in Charge 1.  You admitted to them that the drugs were ketamine.  You then told them that you lived in Shek Lei Estate.  They then took you to your house and there they found the drugs concerned in Charge 2.

3. In respect of Charge 2 there were 15 bags of drugs and in respect of Charge 1 the drugs were contained in three bags.

4. Under caution you admitted that some of the drugs were for sale.  At the time of arrest you had upon your person $1,850 in cash.  The estimated street value of the ketamine in both charges was about $ll,403.

5. Mitigation has been made on your behalf by your solicitor, Miss Elaine Tam, and I have taken into account all that she has had to say on your behalf. 

6. You are now aged 20.  At the time of commission of this offence you were aged 19.  You have four previous convictions, three of which are for possession of dangerous drugs.  Those were committed in the years 2007, 2009, and 2011.  For the last two convictions you were sentenced to DATC.  It is clear to me therefore that you are a drug-dependant. 

7. You have written a very sensible and mature letter to this court.  You understand that you have mixed with dubious peers which led you into being addicted to drugs, you have disappointed your family, you have become a burden to your parents, you are ashamed of yourself, and you were led into trafficking to satisfy your drug dependency. 

8. You now understand the need to turn anew and be law-abiding, and in effect in your own words “to grow up”. 

9. You well-know that trafficking in dangerous drugs is a very serious offence; you are not a newcomer to the courts.  Unfortunately, in most cases like yourself your drug dependency has led you to commit these trafficking offences to earn quick and fast money to support your habit.  When you committed this offence I understand you were unemployed, but prior to that you had been a cook earning a good salary of $10,000. 

10. Quite rightly, your solicitor has said that your strongest mitigating fact is, of course, your plea of guilty. As I am sure you have been well-informed, the courts in sentencing defendants for trafficking in dangerous drugs are guided by tariffs laid down by the Court of Appeal.

11. Defendant, you have committed two charges of trafficking in dangerous drugs.  The total drugs to which you trafficked are in the amount of 58.71 grammes of ketamine.  In following the guidelines of Hii Siew Cheng that would equate to a starting point of 6 years’ imprisonment had I convicted you after trial.  However, you have pleaded guilty and you are therefore entitled to the one-third discount and that will reduce your sentence to one of 4 years’ imprisonment.  That is a sentence to which you shall be so sentenced, however I shall now sentence you individually for each charge.

12. On Charge 1, the amount of drugs involved there was l6.262 grammes of ketamine and after a plea of guilty I would have sentenced you to 2 years and 10 months’ imprisonment.  In Charge 2, the amount of drugs there were 42.45 grammes, and after your plea of guilty, I would have sentenced you to 3 years and 8 months’ imprisonment. However, in making up the total of 4 years’ imprisonment, I shall order 4 months’ of Charge 1 to run consecutive to Charge 2, making a total term of imprisonment of 4 years.