In summary, they are as follows. On Count 1, you are charged with trafficking in 61.2 grammes of methamphetamine hydrochloride, most commonly known as ‘Ice’ on 30 October 2020 when police officers intercepted you outside Sau Ming House on the Sau Mau Ping Estate. You had a single resealable plastic bag which contained a further seven resealable plastic bags which between them contained the 61.2 grammes of ‘Ice’.
You were arrested there and then for suspicion of trafficking in dangerous drugs and you immediately admitted being in debt and that you were earning money by delivering drugs.
On Count 2, you were charged with trafficking in 45.7 grammes of ketamine on 31 October 2020. After your arrest under Count 1, your home address was searched and the 45.7 grammes of ketamine was found in one plastic bag on your bed along with electronic scales.
The street value of the drugs in your possession was over HK$69,000.
You are now 35 years of age. You claim to be a computer technician earning approximately $15,000 a month, although Mr Kelly tells the court in his written submissions that you were an engineer and you unfortunately lost your job a year or so before the offending. I also understand sadly you lost your grandmother.
You do have a criminal record but it is not a significant one, although you have clearly been involved in drugs before which was a long time ago. Nevertheless, you did test positive for amphetamine when arrested and I am told you are a drug user.
I have also read the letter that was provided by your mother and have heard what you have to say about your genuine remorse for what you chose to do.
Under Count 1 and Count 2, you had in your possession two different types of dangerous drugs, ‘Ice’ and ketamine. The guidelines on sentencing for ‘Ice’ can be found within HKSAR v Tam Yi Chun [2014] 3 HKLRD 691. Between 10 grammes and 70 grammes of ‘Ice’, the sentencing range is between 7 and 11 years’ imprisonment.
The guidelines for sentencing for trafficking in ketamine can be found within Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1. For between 10 and 50 grammes of ketamine, the sentencing range is 4 to 6 years. You had in your possession 61.2 grammes of ‘Ice’ and 45.7 grammes of ketamine. The guidelines indicate that the starting point to be adopted after trial in each case would be 10 years and 4 months for the 61.2 grammes of ‘Ice’ and 5 years and 9 months for the 45.7 grammes of ketamine. To simply add those two together would amount to 16 years 1 month’ imprisonment and that does not reflect the true criminality of your offending. In accordance with HKSAR v Yau Ka Ming, CACC 144/2013, I will consider these two counts as if they were one, as they are close in time and have an access in activity.
The total amount of drugs recovered was 106.9 grammes. The most serious drug was the ‘Ice’. If I considered the whole 106.9 grammes was ‘Ice’, that would attract a sentence of 11 years and 8 months whereas if it were all ketamine, that sentence would be reduced to 6 years and 8 months. That is the range against which I have considered the three applicable sentencing tests. I have reminded myself that the court has been warned not to slavishly apply a strict mathematical approach and I bear in mind that the guideline tariffs are biased with relatively heavier sentences imposed on the trafficking of lesser amounts as a means of deterrence.
The ratio test would result in a total sentence less than that which you would receive for the 61.2 grammes of ‘Ice’ alone and is therefore not appropriate. I have therefore applied the conversion test which allows me to treat the ketamine as 6.9 grammes of ‘Ice’ and add that to the 61.2 grammes of ‘Ice’ recovered, making 68 grammes of ‘Ice’ which attracts a sentence of 10 years and 11 months.
I should also take into consideration the fact that the seizure of two or more drugs at the same time, even if separately packaged and not in a prepared mixture, may allow the trafficker to cater for a wider market and perhaps more importantly the effect on users of a combination of drugs where it has been said that in certain circumstances a combination of drugs may have a more serious effect on drug abusers than taking the drugs individually. That is certainly the case with ‘Ice’ and ketamine. As you have pleaded guilty to trafficking in both charges, I will enhance your sentence on Count 1 by 4 months to mark the latent risk that you may have sold these drugs as a package, making 11 years and 3 months.
Given the other matters raised, I would seek to achieve an overall sentence of 7 years 4 months after discount. However, I must sentence you individually for Count 1 and Count 2. On Count 1, the starting point for sentence is 10 years and 4 months plus the enhancement of 3 months, making 10 years and 7 months which after discount for your plea of guilty I will mark as 7 years’ imprisonment. On Count 2, the starting point for sentence is one of 5 years and 9 months, which after discount for your plea of guilty at the earliest opportunity is 3 years and 10 months’ imprisonment.
In order to give effect to the 11 years 3 months sentence I have mentioned as the appropriate overall sentence which after discount would reduce to 7 years and 6 months’ imprisonment, 4 months of Count 2 will run consecutively to Count 1, and you will go to prison for a total period of 7 years and 4 months.