HKSAR v. CHU KA CHUN

DCCC 763/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 763 OF 2013

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HKSAR
v
Chu Ka-chun

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Before: HH Judge Tallentire

Date: 23 September 2013 at 2.51 pm

Present: Mr Simon Tso, SPP of the Department of Justice, for HKSAR
Mr Pang Kam-fai, Dickson, of Y C Lee, Pang, Kwok & Ip, assigned by the Director of Legal Aid, for the defendant

Offence: Trafficking in a dangerous drug (販運危險藥物)

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Reasons for Sentence

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1. Defendant, you have pleaded guilty to one offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

2. You admitted the Brief Facts, and I convicted you.

3. What happened is this. On 29 June last at about 1626 hours, PC14059, PW1, and another officer intercepted you outside Hiu KwaiHouse, Kwai Chung Estate, New Territories. In your waist bag he found 20 plastic bags of suspected dangerous drugs. Under caution,you made the following admissions:

(1) they contained ketamine;

(2) that at about 1600 hours, you had met a person, “Ah Lung”, at Kwai Chung Estate. He asked you to deliver the ketamine to WoChe Shopping Centre for $400, and you agreed;

(3) that he gave the waist bag containing the plastic bags of ketamine to you;

(4) that you were instructed to deliver it to the shopping centre at about 1800 hours and someone would collect it and give you $400.

4. Under arrest and further caution, you admitted that you knew it was wrong. You did it because you had no money.

5. Subsequent analysis showed that four of the bags contained 39.69 grammes of powder containing 30.13 grammes of ketamine; 12 of thebags contained 9.33 grammes of powder containing 7.11 grammes of ketamine; and four of the bags contained powder containing tracesof ketamine. This gave a total of 37.24 grammes of ketamine, which has a street value of approximately $5,833.

6. You are a young man of clear record. Mr Pang entered mitigation on your behalf. He told me that you are young, 21 years old; youreside with your parents and younger sister. Prior to the commission of this offence, you had worked as a sales assistant earningsome $8½ thousand per month, 6,000 of which you gave to your family. He submitted that you had no triad connections and you arenot a drug addict.

7. He said that the normal starting point for this amount of ketamine would normally be in the region of 5 years. However, he submittedI should give a slight reduction on this given your youth, your clear record, and your co‑operation. He did acknowledge that youthwas a very limited mitigation in these circumstances.

8. Mr Pang read out a letter from your mother. That letter was generally supportive of you, and he completed mitigation by asking forleniency and submitting that you are now remorseful for what you have done.

9. I turn now to the sentence. I do not intend to dwell upon that point. However, I note your youth, your clear record, your co‑operationwith the police upon arrest and making admissions, and your expression of remorse shown in your plea of guilty.

10. Putting all these factors together, I do find that a slightly less starting point can be adopted. Therefore, in all the circumstances,and taking all these matters into account, I take a starting point of 4½ years’ imprisonment, reduced to 3 years.

Tallentire
District Judge