HKSAR v. CHOI KIN SHUN

DCCC 206/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 206 OF 2009

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REASONS FOR SENTENCE

1.   The defendant pleads guilty to one charge of trafficking in 23.60 grammes of a powder containing 19.50 grammes of ketamine, 39 tablets containing 3.80 grammes of ecstasy and 19 tablets containing 0.13 grammes of nimetazepam, contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2.   In summary at around 02.06 on the 14th January this year during a liquor licence inspection at Club R in Tsim Sha Tsui the police searched the defendant and found from his left front trouser pocket a cigarette box inside which was 17 plastic bags containing the ketamine, a plastic bag containing the ecstasy tablets and 5 foil packs containing the nimetazepam. Under caution the defendant admitted he wanted to earn some money by selling dangerous drugs.

3.   In June last year the Court of Appeal in the Secretary for Justice v HII Siew-cheng [2008] 3 HKC 325 laid down new guidelines for trafficking in ketamine and ecstasy. Where the narcotic content is between 10 and 50 grammes sentence after trial falls within the range of 4-6 years imprisonment. I note the defendant has one previous conviction in July last year for trafficking for which he was sentenced to DATC. The defendant was discharged in November and in just over two months he was selling drugs again.

4.   In passing sentence I take into account everything said on behalf of the defendant by Mr Hung together with the letter written by the defendant expressing his remorse.

5.   I am satisfied the proper starting point after trial for 23.30 grammes of ketamine and ecstasy is 4 years and 9 months imprisonment. I am satisfied the small quantity of nimetazepam adds nothing to the overall criminality of the trafficking charge. Giving the defendant full credit for his plea of guilty he is sentenced to 3 years and 2 months imprisonment.