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DCCC1071/2009
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1071 OF 2009
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Before:
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Deputy District Judge G. Lam
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Date:
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10 February 2010 at 10.59am
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Present:
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Mr Andrew Li, PP, of the Department of Justice, for HKSAR
Mr Sunny Chan, instructed by Messrs Au & Associates,assigned by the Director of Legal Aid, for the Defendant
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Offence:
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Trafficking in a dangerous drug (販運危險藥物)
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Reasons for Sentence
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1. The defendant pleaded guilty to one charge of "Trafficking in a dangerous drug". The dangerous drug involved is ketamine.
2. The facts of this case are straightforward. Shortly after midnight on 18 July 2009, 3 police constables were on patrol at Fung Kong Tsuen, Tin Shui Wai, New Territories. They saw a private car parked near the reservoir of the village. The defendant was sitting in the front passenger seat and another male was standing near the car.
3. The officers asked the defendant to come out of the car. After a search, nothing illegal was found on the defendant or the other male. On the other hand, PC 7600 found a transparent plastic bag containing 2 bags of suspected ketamine underneath the carpet of the front passenger seat. PC 4562 then arrested the defendant. Under caution, the defendant admitted that the transparent plastic bag belongs to him and that he bought the ketamine at $1,500 for his own consumption.
4. After examination by Government Chemist, the 1st bag was found to contain 26.49 grammes of a powder containing 20.28 grammes of ketamine, whereas the 2nd bag, 27.04 grammes of a powder containing 17.65 grammes of ketamine. In other words, a total of 37.93 grammes of ketamine are involved, and the street value of which on the date of the offence was approximately $6,100.
5. The defendant now admits that he possessed the 2 bags of ketamine for the purpose of trafficking.
6. The defendant is now 28 years old. He has 2 previous convictions, the last one being "Possession of dangerous drug" in January 2008, for which he was fined $5,000. He admits that he has been a drug addict since 2001. Prior to the present offence, he was an iron gate worker earning $8,000 per month. The defendant is single and resides with his parents and siblings.
7. In the course of mitigation, defence counsel Mr. CHAN submitted that when the defendant was arrested, he had just purchased the drug. He intended to retain some for his own consumption and some to treat his friends, but he did not, at the time, have a concrete plan as to how much for which purpose. On this issue, Mr. LI for the Prosecution says there is no evidence showing the defendant's intention; the Prosecution does not accept this suggestion made by defence. I agree with Mr. LI.
8. The tariff for trafficking in ketamine is laid down in SJ v HII Siew Cheng [2009] 1 HKLRD 1. For 10 to 50 grammes, the sentence should range from 4 to 6 years imprisonment. In the present case, I adopt a starting of 4½ years. One-third discount is given for the guilty plea, reducing the sentence to 3 years. Apart from this, I see no other mitigating factors which warrant any further reduction. I therefore sentence the defendant to 3 years imprisonment.
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(G. Lam) |
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Deputy District Judge |
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