COURT: Mr Wong, you have pleaded guilty to one count of trafficking in dangerous drugs at the committal stage. The particulars of the charge charged you on 16 April 2021, at a flat in Yuen Long, you trafficked in dangerous drugs, namely, 410.87 grammes of a solid containing 355.79 grammes of ketamine and 10.96 grammes of a solid containing 9.62 grammes of cocaine and 190.33 grammes of cannabis in herbal form.
The facts of the case are as follows. At about 8.30 in the evening on 16 April 2021, police intercepted you at No. 108 of Tong Yan San Tsuen Road, Yuen Long. Upon bodily search, key cards were found on you. Upon further inquiry, you admitted the key cards were for your own residence located at the address particularised in the charge. You were then escorted back to the address stated on the charge. Key cards found upon you were used to open the door.
Upon search, a total of 823 plastic bags of 410.87 grammes of a solid containing 355.79 grammes of ketamine. Secondly, 60 plastic bags of 10.96 grammes of a solid containing 9.62 grammes of cocaine. Thirdly, 37 plastic bags containing 190.33 grammes of cannabis in herbal form. Other than that, large amount of resealable plastic bags were found inside two recycle bags. A broken electronic scale was found. Moreover, cash $268,500 was found in a drawer inside a cupboard and also $5,268 was found on the top of the television cabinet.
You were arrested and cautioned and under caution, you said you had taken all the dangerous drugs back in one go. They all belonged to you. You however claimed they were for your own consumption.
In subsequent video interview, you remained silent as your right. It was later confirmed that the flat particularised in the charge was rented to a person in your name. The closed-circuit television also showed that you left the flat at about 4.43 pm on 16 April 2021. You now admitted at the material time you possessed the dangerous drugs seized for the purpose of unlawful trafficking.
You were born in China on 16 May 1996. You are now 27 years of age. At the time of the offence, you were only 24 or nearly 25. You had one previous conviction for trafficking in dangerous drugs and was sentenced to a term of imprisonment for 41 months on 17 August 2018. You were only discharged from prison on 6 June 2020, so the present offence was committed some 10 months after your discharge from prison.
From the antecedents statement which you have admitted, you were unemployed at the time of the offence. From the facts which you have admitted, I do not accept that you were a mere courier especially in view of the substantial amount of money found inside the flat rented in your name.
There are three types of drugs involved and I am persuaded to ignore the herbal cannabis for the purpose of calculating the appropriate starting point.
Applying the test suggested in Chan Yuk Leong for ketamine and cocaine, using the absurdity test to check it, a term of imprisonment of 14 years and 5 months. Using the conversion test to check, it is 9 years and 9 months, and using the ratio test, 9 years and 6 months.
As there are three types of drugs involved and as I said your role is not a mere courier or storekeeper, I will adopt an initial starting point of 10 years. In view of your record and the fact that you were just released from prison for the same type of offence, I enhance the initial starting point by 6 months.
Other than your plea, there is really no mitigating factor. I will give you one-third discount for your timely plea. You are therefore sentenced to a term of imprisonment of 7 years.