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DCCC 882/2013
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 882 of 2013
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HKSAR |
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Leung Hon-man |
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| Before: |
HH Judge Tallentire |
| Date: |
18 November 2013 at 10.11 am |
| Present: |
Ms Sheroy Tam, SPP of the Department of Justice, for HKSAR |
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Mr Tong Chor-yin, Augustine, of Augustine C Y Tong & Co, assigned by the Director of Legal Aid, for the defendant |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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Reasons for Sentence
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1. Defendant, you have pleaded guilty to one offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. You admitted the facts, and I convicted you.
2. What happened is this. PC7245, PW1, and PC8256 were patrolling in the vicinity of Yiu Lung House, Tin Yiu (2) Estate, Tin Shui Wai, at about 1940 hours on 30 July last. PW1 saw you walking from a primary school towards Yiu Lung House. Suddenly you stopped, held your fist tight, looked around and appeared tense. Therefore, PW1 intercepted you. He revealed his identification.
3. Upon searching, a plastic bag containing six plastic bags of suspected dangerous drugs, Exhibit 1, was found in your right front trousers pocket. Under arrest and caution, you admitted Exhibit 1 was ketamine. It was given to you by someone called “Uncle” and was to be delivered.
4. The six plastic bags seized from your right front trousers pocket contained ketamine.
5. You met “Uncle” in a park near Yiu Tai House, and he asked you to deliver the dangerous drugs to a person at Tin Shui Wai West Rail Station for $200. When you were on the way, near Yiu Lung House, you were intercepted and arrested by the police. You could not contact “Uncle” and you did not receive the $200.
6. Subsequent analysis showed Exhibit 1 to be 83.07 grammes of powder containing 40.63 grammes of ketamine. At the time of arrest you had $2,360 in your possession. The street value of the drugs was about $10,051.
7. You have no previous convictions. However, there is one recorded caution against you for a different offence from last year.
8. In view of your relative youth and your largely clear record, and at Mr Tong’s request, I adjourned the case to obtain a probation officer’s background report to assist me.
9. That report is now before me, and Mr Tong has indicated that you agree with its contents. I have read that report. That report tells me, as we know, that you are 16 years of age. You reside with your parents and younger brother. You were educated only to Form 2. Your father, I understand, is chronically sick.
10. This is your first formal conviction and the first time that you have been acting as a courier of dangerous drugs. Mr Tong asked me to give you the full one-third discount for your plea of guilty, which of course I will do. He also queried whether a training centre was appropriate in these circumstances. However, he did indicate you are prepared to accept your punishment. There really was nothing more that he could say on your behalf.
11. I turn now to the sentence. As I have said, you are a young man of only 16, with no previous convictions. I note that on being stopped and arrested by the police, you were fully co‑operative.
12. The case involves acting as a courier for what amounts to just over 40 grammes of ketamine. On the sentencing tariff, this places this within the range of 4 to 6 years’ immediate imprisonment. Given your age and record, I will be as lenient as I possibly can, consistent with my public duty.
13. However, in my opinion, this is just simply too serious for training centre. I therefore take as a starting point 60 months’ immediate imprisonment, reduced to 40 for your plea of guilty.
14. You will go to prison for 40 months.
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Tallentire |
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District Judge |
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