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DCCC 1069/2012
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 1069 OF 2012
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HKSAR |
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Chan Ka-ho |
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| Before: |
Deputy District Judge Longley |
| Date: |
17 January 2013 at 10.42 am |
| Present: |
Ms Janice Cheuk, PP, of the Department of Justice, for HKSAR
Mr Chan Ming-fai Arthur, of Rowland Chow, Chan & Co, assigned by the Director of Legal Aid, for the defendant |
| Offence: |
(1) Trafficking in a dangerous drug (販運危險藥物)
(2) Trafficking in dangerous drugs (販運危險藥物) |
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Reasons for Sentence
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1. Chan Ka-ho, you have been convicted on your own pleas of two charges of trafficking in dangerous drugs.
2. Both charges arise from an operation conducted by the police on 19 September last year. You were stopped by the police as you left your home in Wong Tai Sin on 19 September.
3. The police found the drugs which are the subject of the 1st charge, namely 3.99 grammes of a powder containing 3.04 grammes of ketamine, in two packets in one of the pockets of your trousers. You claimed that some of those drugs were for your own consumption but that you would sell some of them to others.
4. Your home was then searched. In the bedroom the police found the drugs that are the subject of the 2nd charge, namely 13.4 grammes of a powder containing 10.86 grammes of ketamine, 0.99 grammes of a crystalline solid containing 0.97 grammes of methamphetamine hydrochloride, and six tablets containing 73 milligrammes of nimetazepam. The police also found a large number of resealable plastic bags and an electronic scale.
5. When you were cautioned once again you claimed that the drugs were for your own consumption but that you would sell some to others. When you were interviewed you claimed you had bought the drugs in Shamshuipo.
6. The approximate retail value of the drugs found, both on you and in the flat, was about $3,436.
7. You have been before the courts before for drug offences but not for trafficking. However, you would have been fully aware that very serious consequences would follow if you were caught trafficking in drugs.
8. I have taken into account all that Mr Chan has said on your behalf.
9. I am prepared to accept that some of the drugs were for your own consumption and reflect that by reducing the sentence I would otherwise have passed.
10. In my view, the appropriate starting point on Charge 1 is 2 years’ imprisonment, and on Charge 2, 3 years’ imprisonment. You have pleaded guilty and therefore are entitled to the usual discount of one-third.
11. I pass sentence as follows:
On Charge 1, 16 months’ imprisonment
On Charge 2, 2 years’ imprisonment.
12. Both sentences are to run concurrently with each other and therefore the total sentence I pass is 2 years’ imprisonment.
13. I hope what I have been told by Mr Chan on your behalf, that you intend to put this part of your life behind you, is correct and that you do not come before the courts ever again.
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P.K.M. Longley |
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Deputy District Judge |
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