|
DCCC 1521/2024
[2026] HKDC 685
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1521 OF 2024
____________
____________
| Before : |
H.H. Judge G. Lam |
| Present : |
Mr. Kenneth Wong, counsel on fiat, for HKSAR. |
|
Ms. Vivien Chan instructed by M/s Joseph Li & Co., assigned by the Director of Legal Aid, for the defendant. |
| Offence : |
Trafficking in a dangerous drug（販運危險藥物） |
REASONS FOR SENTENCE
The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved is ketamine.
Summary of Facts
2. About 10:34 a.m. on 19 June 2024, PC 23242 (PW1) stopped the defendant outside Exit B of Tai Wo MTR Station for enquiry. Upon search, PW1 found 2 items hidden under the waistband of the defendant's underpants, namely, on the right side, a transparent resealable plastic bag which contained 60.8 grammes of a solid containing 50.7 grammes of ketamine (E1); and on the left side, a paper packet which contained 2.94 grammes of a solid containing 2.44 grammes of ketamine (E2).
3. PW1 arrested the defendant for "drug trafficking". Under caution, he claimed that both packs were for his own consumption.
4. In his video recorded interview, the defendant admitted that E1 and E2 were ketamine. He also described how he purchased the ketamine from someone named "Siu Ming" at a park in Tai Wo in the morning on 19 June 2024. The defendant claimed that he paid $5,000 for the ketamine to get a discount. He, however, did not know how many grammes he had purchased and was unable to say how much discount he was given. The defendant claimed that he consumed ketamine by sniffing, but was unable to say the quantity of his daily consumption.
5. The defendant now admits that he possessed E1 and E2 for the purpose of unlawful trafficking.
Mitigation & Sentence
6. The defendant is 31 and has 3 conviction records, which included 1 "simple possession" offence and 3 offences unrelated to dangerous drugs. Defence counsel Ms. Chan informed me that the defendant is married with 2 children (aged 7 and 8). He was as a private chauffeur earning about $25,000 per month. In mitigation, Ms. Chan submitted that the defendant's previous convictions took place during his late teens and early 20s. He managed to stay out of trouble after getting married and becoming a father. In 2022, the defendant's wife deserted the family, leaving their 2 children behind. Feeling hurt, the defendant foolishly resorted to drugs again. As a result, he lost his job in April 2024 and committed the present offence in the capacity of a courier.
7. Drug abuse has been a long-term problem in our society. A clear message must be conveyed to the general public that "drug trafficking" is a serious crime (be it in the capacity of a seller, courier or storekeeper) and that drug traffickers (even fresh young offenders) would most certainly be punished by long-term imprisonment. Also, being in financial difficulty (however serious) is no mitigating factor for committing a crime.
8. The Court of Appeal has laid down clear sentencing guidelines for trafficking in ketamine (see SJ v Hii Siew Cheng [2009] 1 HKLRD 1). For 50 to 300 grammes, the sentence ranges from 6 to 9 years' imprisonment. In the present case, the defendant trafficked in 53.14 grammes of ketamine. Applying a strict arithmetical approach, the appropriate starting point is 6 years' imprisonment, which I would adopt. With the timely guilty plea, the sentence is reduced to 4 years. Apart from this, I see no other mitigating factors which warrant any further reduction. Ms. Chan has also confirmed that there is no claim for self-consumption as mitigation. I sentence the defendant to 4 years' imprisonment.
|