HKSAR v. HO PHILIP LEON

 DCCC752/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 752 OF 2009

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

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

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

Reasons for Sentence

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

1.  The defendant pleaded guilty to one count of trafficking in ketamine. He is convicted accordingly and here are the reasons for sentence.

The Prosecution’s Case

2.  At about 10.20 pm on 4 June 2009, police spotted the defendant outside Block 3 of Lei Muk Shue Estate in Tsuen Wan. The defendant was intercepted and on him the police found three plastic bags of ketamine.

3.  Under caution, the defendant admitted that the dangerous drug was ketamine which had just been given to him by a male in a game centre in Mongkok. The defendant was told that he could earn $300 by delivering the drugs to Lei Muk Shue Estate where another male would approach him outside Block 3 of the estate. That male would collect the drug and give money to the defendant. The defendant confessed that he committed the offence out of greed and was remorseful.

4.  Upon chemical analysis, the three bags so seized from the defendant contained a total of 59.29 grammes of a powder containing 39.5 grammes of ketamine.

Mitigation

5.  I have to say Mr Harris on behalf of the defendant has made a powerful mitigation to this court. I agree that this is a sad case as a talented young man has committed a very serious trafficking offence. The irony is that the antecedents statement of the defendant stated that the defendant is not a drug dependent.

6.  I was told that the parents of the defendant and the other character witnesses do attend court today to show their support.

7.  A bundle of mitigation letters and the defendant’s diplomas and certificates of merit in many areas, e.g., speeches, music, mathematics contest, writing, was submitted to this court for reference. The defendant even wrote a poem to reflect on and to ponder over what he did and what he will face.

8.  The defendant obtained straight A’s in his final examination of the school in Toronto. He has been awarded an Honour of Ontario Scholar and has been offered admission to the University of Western Ontario to study management and organisational studies. And the University agrees to hold open the offer for one more year.

9.  Defence counsel suggested a specified period of imprisonment, say 21 months, so that the defendant’s chances to further his study would not be wasted. It was submitted that this case warrants the court to take an exceptional course to this gifted young man, who it is submitted, deserves not a chance for the present but for the future.

10.  The defendant is deeply remorseful and is willing to provide assistance to the police in relation to the two other males, one of them called Ah Lung.

11.  Counsel submitted that it defied any sensible explanation for the defendant to perpetrate this crime except for greed for money, a sum of $300.

Sentence

12.  I fully accept that this is a sad case whereby a talented young man was lured by a meagre reward of $300 to help deliver three packets of ketamine for other drug dealers.

13.  The defendant is 18 years old and he has a minor conviction on 3 June 2009 for which he was bound over $1,000 for 12 months. However, this can be taken, as agreed by counsel for defence, as an aggravating factor as the defendant committed another more serious trafficking offence on the following day.

14.  I can see the worries and anxiety of the defendant’s parents and all those who love this young man who should have a promising future in his studies and future career. The defendant has the support from his close and loving family. However, the prevalence of ketamine and its harmful effect on those young abusers has prompted the Court of Appeal in Secretary for Justice v Hii Siew Cheng, CAAR7/2006, to greatly increase the sentencing guidelines for offences of trafficking in ketamine. For a quantity of 10 grammes to 50 grammes, the starting point would be from 4 to 6 years. In the present case, the ketamine involved is 39.5 grammes of ketamine.

15.  I am prepared to take a lenient stance and adopt a lower starting point for this large quantity of ketamine. I take 5 years as the starting point. The defendant’s guilty plea allows him to have one-third discount on sentence. As such, the sentence is reduced to 40 months.

16.  I also accept there exists certain exceptional circumstances that make me to exercise my discretion to further reduce the sentence by 6 months. Accordingly, I sentence the defendant to an imprisonment term of 34 months.

17.  As said by the defendant in his poem, apart from praying for forgiveness, “Let me taste the depression, frustration, sorrow and shame. My inner voices keep telling me I am still a useful man”. And I am sure that the defendant is and will be a useful man, both in the eyes of his family and to the community.

18.  I would not touch the bind-over order. I will let the prosecution to take whatever action they deem appropriate.