Defendant, you have admitted that on 11 May 2019, outside the Kowloon City Post Office, you unlawfully trafficked in dangerous drugs, namely, 244 grammes of a solid containing 210 grammes of fluorodeschloroketamine, 115 grammes of a crystalline solid containing 103 grammes of methamphetamine hydrochloride, 3.34 grammes of a solid containing 2.86 grammes of cocaine, 27.37 grammes of a solid containing 23.47 grammes of ketamine, and 22.50 grammes of a solid containing 11.10 grammes of ketamine and 9.06 grammes of fluorodeschloroketamine.
On 11 May 2019, at about 4 am, you were seen getting into a parked private car outside the Kowloon City Post Office. The police intercepted the car. However, you alighted from the driver seat and tried to flee. You were, however, promptly intercepted.
Upon search, inside the car, in a zipped folder placed inside the covered compartment behind the gearshift were the drugs as I have stated in the charge, save for one small packet containing 0.7 grammes of a solid containing 0.27 grammes of ketamine which was found at the rear passenger seat. Therefore, there was a total number of 56 separate bags containing drugs. In the compartment between the driver seat and front passenger seat, cash of $2,030 was also found.
Under caution, when you were arrested for the offence of trafficking in dangerous drugs, you said you were helping someone to deliver the drugs in return for $1,500. In the video-recorded interview conducted under caution, you admitted that the drugs had been given to you by a person called Ah Ho the day before and he had asked you to deliver the drugs for him in return for $1,500. You then kept the drugs inside the car and waited for Ah Ho’s instructions.
The total estimated retail value of the dangerous drugs involved in this case was $232,513.20.
Through your plea of guilty, you have admitted that you were in possession of all the dangerous drugs listed in the charge for the purposes of trafficking.
Defendant, you are now 19 years of age. You were 18 years of age at the time of the offence. You had a clear record at the time you committed this offence. However, in July this year, you were convicted of an offence of burglary and sentenced to training centre. I will just state that you pleaded guilty to that offence of burglary.
Ms Ophelia Yap has given detailed mitigation on your behalf, written in mitigation, and I have also read the letters written by yourself in English, which is very impressive, from your mother, your stepfather and your grandfather.
At the time of your arrest, you were unemployed. You have received education up to Form 3 secondary school. Before your arrest you had worked with your maternal grandfather as a warehouseman and earned between ten and thirteen thousand dollars a month. You lived with your mother, stepfather, elder brother and two younger sisters.
I have been given a family background of you by Ms Yap who says that your biological father left the family when you were two years old. And when you were about five years old, you and your elder brother were left to be taken care of by your grandmother. And at that time, your mother had started cohabitating with your now stepfather. However, at the age of 11, you returned back to live with your mother and stepfather with your brother and you have since maintained a harmonious relationship. You stepfather has said that he treats you as his own son.
All your relatives have said you are a good son and well-behaved child and have told me about the illness of your grandmother. And they have also contributed your committing this offence as a result of them perhaps not supervising you sufficiently. However, quite rightly, it is in regard with your bad acquaintance or your bad-influence peers that has led you to commit this offence.
The reason, I am told, for you committing this offence and trying to earn more money was because your biological father, who had not been with you since you were a child, had contacted you when you were 15 years old and told you he had money -- owing debts as a result of his gambling, and therefore you tried to help him out and support him financially. In fact, your paternal grandfather had also depleted all his savings to try to help your biological father repay his debt, which remains outstanding. You therefore committed this offence in the hope of getting the creditors off your grandfather’s back.
It is in the most unfortunate circumstances that has led you to commit this offence. However, I believe through your letter you understand the gravity of your wrongdoing and this is a wake-up call for you. I am told that you are now making prudent plans for your future. In your letter you have written, you have certainly made a great improvement in regard to your understanding of English.
You were clearly a courier in this case and participated in it to earn quick money. I have no doubt you have been told over and over again nobody can earn quick money without it perhaps being illegal. Defendant, I have no doubt you have been advised that for trafficking in dangerous drugs, there are guidelines to follow, laid down by the Court of Appeal, and this offence is a very serious offence which warrants immediate custodial sentences.
You had in your possession, for the purposes of trafficking, three different kinds of drugs. They were ‘Ice’, cocaine and fluorodeschloroketamine and ketamine. The total amount of ‘Ice’ was in some amount of 103 grammes. And following the guideline case of Tam Yi Chun, that falls within the bracket of 70 to 300 grammes and a sentence of 11 to 15 years’ imprisonment after trial.
For the purpose of sentencing you in this case, defendant, I will apply the conversion test as applied in HKSAR v Chan Yuk Leong. And as ‘Ice’ is the most potent drug, I shall be converting the ketamine and cocaine into ‘Ice’ and giving you an overall sentence. For the combined weight of ketamine, that is with total 253.63 grammes. And for the cocaine, it is 2.86 grammes.
The guideline case for ketamine is Hii Siew Cheng. For the amount between 50 and 300 grammes, a starting point after trial would attract a sentence of 6 to 9 years’ imprisonment. For this amount of ketamine, it would be approximately 8 years 3 months’ imprisonment if you are sentenced just for ketamine. And I will convert that amount to about 30 grammes of ‘Ice’.
For the cocaine, the leading guideline case is that of Lau Tak Ming. And for amount up to 10 grammes is a term of 2 to 5 years’ imprisonment. For 2.86 grammes of cocaine, that would warrant a term of 2 years and 6 months’ imprisonment, which is about 1 gramme of ‘Ice’.
Therefore, adding up the total amount would be 103 grammes of ‘Ice’, plus 30, plus 1, which equals 134 grammes of ‘Ice’ should all the drugs be converted into ‘Ice’. Therefore, in sentencing you for 134 grammes of ‘Ice’, had you been convicted after trial, the appropriate starting point would be one of 12 years’ imprisonment.
Defendant, you pleaded guilty at the earliest opportunity, and in those circumstances, you warrant the full one-third discount and that term shall be reduced to 8 years’ imprisonment to which you shall be so sentenced.