COURT: The defendant pleaded guilty to trafficking 1.7 kilogrammes of ketamine.
Around 5.45 pm on 12 June 2014, police officers spotted the defendant boarding a taxi near Sin Sam House, Lung Hang Estate. He was carrying a black bag. The officers followed the taxi on a police vehicle. Later, at 6.13 pm, the defendant alighted the taxi near the bus terminus of Sheung Tak Estate. He was then intercepted. The officers found eight plastic bags of ketamine in the black bag. The defendant admitted in the video interview that he took the drug for Wah Siu to Sheung Tak Shopping Centre for a reward of $1,500. He was unemployed and wanted to make some quick money.
The police estimated that the retail value of the ketamine was about $230,000.
The defendant is 29 years old. He has one previous conviction of possession of a dangerous drug in 2014. He received education up to form five. He was unemployed at the time of the offence. He was a transportation worker before. He was an addict at the time of the offence. He explains in his letter to this court that he was in financial problem then. He has been converted to Christianity during the remand. He asks for a chance to be a filial son to care for his mother. He is remorseful and pleads for leniency.
The sentence for trafficking 1.7 kilogrammes of ketamine exceeds the tariff set out in Hii Siew Cheng [2009] 1 HKLRD 1. In that case, for trafficking over 1 kilogramme of ketamine, the starting point should be over 14 years’ imprisonment.
I have also considered Sin Chung Kin [2013] 1 HKLRD 622, in which the Court of Appeal recommended a starting point of 18 years for trafficking in 2 kilogrammes of ketamine.
Counsel for the defendant, Mr Clement Lau, urged this court to adopt a starting point of 16 years’ imprisonment according to HKSAR v Ng Hon Keung CACC 211/2011.
Having considered the circumstances of this case, I take a starting point of 16 years’ imprisonment for this charge. I deduct 5 years and 4 months for his plea.
I sentence the defendant to 10 years and 8 months’ imprisonment.
The defendant assisted the police although with no positive result. Nevertheless, I would deduct 6 months from the sentence.
The final sentence would be 10 years and 2 months’ imprisonment.