HKSAR v. CHAN LAP HO AND ANOTHER

DCCC37/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 37 OF 2012

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Reasons for Sentence

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1.  D1, you have been convicted on your own plea of guilty to the two charges of trafficking in dangerous drugs on the indictment, and D2, you have pleaded guilty to the 1st charge of trafficking, which you committed together with the 1st defendant. Both charges involve the unlawful trafficking of ketamine. Insofar as Charge 1 is concerned, the quantity is 12.69 grammes of narcotic, and with regard to Charge 2, 12.33 grammes of narcotic.

2.  The amended Summary of Facts which you have both agreed are quite straightforward and speak of you both being stopped and searched outside Yick Kwan House in Cooke Street, Ho Man Tin, when the drugs being the subject matter of Charge 1 were found on you.  One plastic bag of the drugs was found in your left shoe, D1, and so far as you, D2, are concerned, the plastic bag of drugs was found in your right sock.  Under caution you both admitted that you were going to deliver the drugs to others in order to earn money.

3.  You were both taken back to the premises, and inside Room A, 1st Floor of Yick Kwan House, premises which you, D1, rented, the drugs being the subject matter of Charge 2 were found.

4.  As far as you, D1, are concerned, you are 18 years of age and have a hitherto clear criminal record.  I have received a Training Centre Suitability Report from the Commissioner of Correctional Services and you have been found to be suitable for a period of detention in a Training Centre.

5.  Taking everything into account, including your plea of guilty, I am satisfied that a period of disciplinary training in a Training Centre would be beneficial to you and accordingly I make a Training Centre Order in respect of each charge, to run concurrently with each other.

6.  As far as you, D2, are concerned, you are 17 years of age and unsuitable for training in a Training Centre as you are a drug-dependent and indeed are currently undergoing treatment in a Drug Addiction Treatment Centre.

7.  You have four previous convictions already but none of them are similar.

8.  The charge to which you have pleaded guilty is far too serious for me to even consider making a new Drug Addiction Treatment Centre Order.

9.  The sentencing guidelines for trafficking in ketamine indicate a starting point of 4 to 6 years’ imprisonment for trafficking in 10 to 50 grammes.  Accordingly, I will adopt 4 years’ imprisonment as my starting point.  I will discount that by one-third to take account of your plea of guilty, coming to 32 months’ imprisonment.

10.  Due to your relative youth at the time of committing this offence I am prepared to give you a further discount of 6 months, arriving at an overall sentence of 26 months’ imprisonment in relation to Charge 1.