HKSAR v. SZE NGO YIN

DCCC 692/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 692 OF 2014

____________

HKSAR
v
SZE NGO YIN

____________

Before: HH Judge Dufton

Date: 6 January 2015

Present: Mr Sajan Sujanani, counsel on fiat, for HKSAR
Mr Derek Middleton of Massie & Clement,
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

1. Sze Ngo Yin you have pleaded guilty to one charge of trafficking in 12.96 grammes of a powder containing 10.90 grammes of ketamine,contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2. In summary around 6:50 p.m. on the 12 June last year the police intercepted you outside the male toilet on the Ground Floor of theTsui Ping Shopping Circuit in Kwun Tong. The police searched you and found, from the right front pocket of your shorts, a plasticbag containing the ketamine. Under caution and in a subsequent video interview you told the police you wanted to earn some moneyand therefore agreed to deliver the ketamine for $200.

3. I have carefully considered everything said on your behalf by Mr Middleton. I take into account you have no previous convictionsfor trafficking.

4. In Secretary for Justice v Hii Siew Cheng [2008] 3 HKC 325 the Court of Appeal laid down guidelines for trafficking in ketamine. Where the narcotic content is between 10 and 50 grammes sentenceafter trial falls within the range of 4-6 years imprisonment.

5. I am satisfied a starting point of 4 years is appropriate for trafficking in 10.90 grammes of ketamine. Giving you full credit foryour plea of guilty you are convicted and sentenced to 2 years and 8 months imprisonment.

(D. J. DUFTON)
DISTRICT JUDGE