A A
DCCC1171/2011
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1171 OF 2011
C C
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D D
HKSAR
E v. E
Poon Chun-tat
F F
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G G
Before: H H Judge Geiser
Date: 7 December 2011 at 10.59 am
H Present: Mr Alex Wong, PP, of the Department of Justice, for H
HKSAR
Mr So Chit-kit, of Ivan Tang & Co., for the Defendant
I I
Offence: (1) Trafficking in a dangerous drug (販運危險藥物)
(2) Possession of offensive weapon (管有攻擊性武器)
J J
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K Reasons for Sentence K
L --------------------- L
M 1. Defendant, you have pleaded guilty to two charges, the M
first an offence of unlawful trafficking in a dangerous drug,
N N
being 14.19 grammes of ketamine, contrary to section 4(1)(a) and
(3) of the Dangerous Drugs Ordinance, Cap.134, laws of Hong
O O
Kong, and secondly, possession of an offensive weapon, contrary
P to section 17 of the Summary Offences Ordinance, Cap.228, laws P
of Hong Kong, the offensive weapon in question being a sword.
Q Q
2. The summary of facts which you have agreed establish
R that in the afternoon of 2 August of this year, you were R
intercepted by police officers coming out of premises in Riviera
S S
Gardens in Tsuen Wan.
T T
U U
CRT24/7.12.2011/ML 1 DCCC1171/2011/Sentence
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A A
3. You were searched and two plastic bags containing a
total of 2.80 grammes of ketamine were found strapped to the
B B
inside of the sleeves of your T-shirt.
C C
4. You were taken back inside the premises where another
D bag containing some 11.39 grammes of ketamine was found in the D
lamp duct of a mirror. Also found were other items associated
E E
with trafficking in drugs, such as an electronic scale, straws,
plastic bags and adhesive tape.
F F
G 5. A further search inside the false ceiling in the G
bathroom revealed the sword, which is the subject matter of
H Charge 2. H
I I
6. You told the police that you intended to use this to
threaten others if you were attacked, but in fact, you had not
J J
used it.
K K
7. You are 23 years of age and have a very poor criminal
L record for someone so young, including a similar conviction in L
2007 for trafficking in a dangerous drug.
M M
8. By way of mitigation, I am told that some time ago,
N N
the restaurant that you had opened in Mainland China failed. You
returned to Hong Kong and re-associated yourself with bad
O O
company and, in the hope of obtaining quick money, involved
P yourself in the selling of ketamine. P
Q 9. In sentencing you, I take all that has been said on Q
your behalf by way of mitigation into account.
R R
10. Regarding the first charge, the sentencing guidelines
S S
which are to be found in Secretary for Justice v Hii Siew Ching
T [2008] HKCA 200, indicate a starting point of 4 to 6 years’ T
imprisonment for trafficking in between 10 to 50 grammes of
U ketamine. U
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A A
11. This court is dealing with 14.19 grammes of ketamine.
B B
C 12. Accordingly, I adopt 4 years and 3 months’ C
imprisonment as my starting point in relation to Charge 1.
D D
13. I will discount that by one-third to reflect your plea
E E
of guilty, coming to 34 months’ imprisonment in relation to
Charge 1.
F F
G 14. As regards Charge 2, I adopt a starting point of G
3 months’ imprisonment.
H H
15. This will be reduced to 2 months to reflect your plea,
I I
but should properly be ordered to run consecutively to the
sentence on Charge 1, arriving at a total sentence of 3 years’
J J
imprisonment in all.
K K
L L
M H H Judge Geiser M
District Judge
N N
O O
P P
Q Q
R R
S S
T T
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