HKSAR v. LAI WING LEUNG

DCCC 286/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 286 OF 2014

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HKSAR
v.
LAI Wing-leung
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Before: HH Judge E. Yip

Date: 3rd June 2014 at 09:39 am

Present: Mr Karl CHU, Public Prosecutor, of the Department of Justice, for HKSAR
Ms WONG Yin Yee Lisa, of M/s Eli K.K. Tsui & Co assignedby DLA for Defendant

Offence: Trafficking in a dangerous drug [販運危險藥物]

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Reasons for Sentence

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Charge and facts

1. The defendant pleads guilty to trafficking in ketamine. In the afternoon on 19 December 2013, the police spotted him acting furtivelyin a park in Ap Lei Chau. The police found 5 re-sealable plastic bags which contained ketamine (later confirmed by a governmentchemist to be 13.16 grammes of a powder containing 10.14 grammes of ketamine). After arrest and caution, he told the police thathe was to deliver the ketamine for a reward of $500.

2. The estimated value of the ketamine was about $1,600.

Personal background and mitigation

3. He is 19 years of age, F.1 education level. He had 1 record for theft, being fined $500, in 2011. He had done unstable jobs fromtime to time. He was unemployed at the time of arrest. He lives with his parents and an elder sister. As requested by his solicitorin mitigation, I call for a Training Centre Report to assess his suitability. The report comes back with a recommendation for hisdetention there.

Sentencing guidelines

4. The Court of Appeal in HKSAR v Hii Siew Cheng [2007] 1 HKLRD 1 has stated that traffickers shall be sentenced to 2 – 4 years for up to 10 g of ketamine.

Sentencing this defendant

5. I am of the view that the best interest of the society and himself can be served by a Training Centre order.

( E. Yip )
District Judge