HKSAR v. LI WAI KIT

DCCC890/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 890 OF 2010

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Reasons for Sentence

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Background

1.The Defendant is convicted upon his own guilty plea on one charge of trafficking in a dangerous drug, namely 13.91 grammes of a powder containing 11.3 grammes of ketamine, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

2.The facts admitted by the Defendant reveal that:

 (i) At about 5:50 pm on 14 June 2010, PC 34502 (“PW1”) intercepted the Defendant at the lift lobby on 16^th floor, Man Kin House, Tsz Man Estate, Tsz Wan Shan, Kowloon;

(ii) Upon search, PW1 found a transparent resealable plastic bag containing white crystalline substances (“P1”) tucked inside the Defendant’s right sock;

(iii) Under caution, the Defendant admitted that he was delivering the “K Chai” for others for a reward of $200;

(iv) P1 was subsequently found to contain 13.91 grammes of a powder containing 11.3 grammes of ketamine.

Defendant’s previous records and antecedents

3. The Defendant has 4 previous convictions, out of which 1 was trafficking in dangerous drugs sentenced in October 2006 for 4 years and 10 months’ imprisonment.

4.The Defendant was born in December 1985 and is now 25 years old. He has received education up to Form 3 level. He has worked as an air-conditioner worker, deliveryman and kitchen cleaner. He used to live with his parents and elder brother in Fung Wah Estate, Chai Wan.

Mitigation

5. In mitigation, it was submitted that the Defendant was remorseful.

Sentence

6.The guidelines for trafficking in ketamine were set out in Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1. For trafficking in 10 to 50 grammes of ketamine, the tariff is 4 to 6 years’ imprisonment.

7.As 11.3 grammes of ketamine were involved in the present case, I will adopt a starting point of 4 years’ imprisonment. In light of the Defendant’s guilty plea, I will give him the usual 1/3 discount. There being no other valid mitigating factors justifying further reduction in sentence, I sentence the Defendant to 32 months’ imprisonment.