HKSAR v. CHAN TAK WAI

DCCC 20/ 2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 20 OF 2009

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Reasons for Sentence

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The charge and facts

1.       The Defendant pleads guilty to trafficking in a dangerous drug, namely 121.72 grammes of a powder containing 97.03 grammes of ketamine.

2.       At about 9:05 p.m. on 14 November 2008, the police noticed the Defendant sitting on the driver seat of a private car parked in Portland Street, Mongkok.  The engine of the car was still on.  The police searched the car and found 1 plastic bag containing 9 plastic bags (later confirmed to be the subject-matter of the charge) of suspected drugs inside the driver’s door compartment.  The Defendant and the 2 passengers were arrested.  Under caution, the Defendant said that he was the driver and registered owner of the car.  An unknown male in Tuen Mun had asked him to deliver the ketamine to Sun Hing Building at Portland Street, Mongkok for $1,000. 

The sentencing guidelines

3. The Court of Appeal in Secretary for Justice v Hii Siew Cheng CAAR 7/2006 has laid down new sentencing guidelines in place of HKSAR v Lee Tak-kwan [1998] 2 HKLRD 46 for trafficking in ketamine as follows:

 (1)     up to 1 gramme – within the sentencer’s discretion;

(2)     over 1 gramme to 10 grammes – 2 to 4 years’ imprisonment;

(3)     10 to 50 grammes – 4 to 6 years’ imprisonment;

(4)     50 to 300 grammes – 6 to 9 years’ imprisonment;

(5)     300 to 600 grammes – 9 to 12 years’ imprisonment;

(6)     600 to 1000 grammes – 12 to 14 years’ imprisonment; and

(7)     over 1000 grammes – 14 years upwards. 

The Defendant’s personal circumstances

4. The Defendant is 19 years of age.  He has a clear record.  He began to do a variety of unskilled jobs after completing F. 3.  He last worked as a container helping hand.  He came to know a male in a karaoke bar in Tuen Mun a few days before he committed the present offence.  He was offered $1,000 for delivering the ketamine.  He was directed to wait for collection in Portland Street but he was arrested by the police there.

The sentence I pass

5. The quantity of ketamine in our present case falls within the range of 6 to 9 years’ imprisonment.  The Defendant acted as the courier.  I take a starting point of 6 years.  Because of his plea of guilty and clear record, I reduce it to 4 years.  There are no other mitigating factors.  This is the sentence I pass.