COURT: The defendant pleaded guilty at the committal stage to two counts of trafficking in dangerous drugs. The particulars of the offences are, first, you, on the 28th day of May 2022, at the staircase of a building, you unlawfully trafficked in dangerous drugs, namely, 0.28 grammes of a solid containing 0.22 grammes of ketamine, and 5.02 grammes of a solid containing 3.93 grammes of cocaine. The particulars for the 2nd charge charged you on the same day inside a flat of the same building, you unlawfully trafficked in dangerous drugs, namely, 651.92 grammes of a solid containing 578.03 grammes of cocaine and 1.44 grammes of a solid containing 1.17 grammes of ketamine.
Facts giving rise to those two charges are as follows.
At around 1638 hours on 28 May 2022, you were intercepted at the lift lobby of 14th Floor, Por Mee Factory Building in Castle Peak Road. You were interrogated at the staircase and also you were searched. Upon search, police found a total of 3.93 grammes of cocaine in 30 plastic bags and 0.22 grammes of ketamine in a plastic bag in your underpants. You were arrested and cautioned and you admitted that you received $1,000 for delivering the cocaine and ketamine to the park downstairs for someone. It was also found on you some cash, two mobile phones, but more importantly a key to Flat A15 on the 14th floor of the building. Police then escorted you to the flat and used the key found upon you to gain entry. Equipped with a warrant, the flat was searched.
Inside the flat, on the floor near the main door, a paper bag containing a plastic bag containing 13 transparent resealable plastic bags containing cocaine and another plastic bag containing 18 transparent resealable plastic bags of cocaine. On a table, a plastic bag containing five transparent resealable plastic bags containing cocaine. On another table, four transparent resealable plastic bags containing ketamine were found in the tray removed from a digital scale. Other than drugs, a large number of empty plastic bags inside a plastic container, a digital scale was also found.
You were further cautioned. And under caution, you admitted that the dangerous drugs inside the flat were for the purpose of your work and you only wanted to make money.
There is a tenancy agreement under another person’s name was also found in the flat. The flat was rented at a monthly rate of $4,380 for two years, commencing on 23 April 2022.
Closed circuit television footage of the lift lobby of the building captured you entering the flat while holding a paper box at 1612 hours on the same day. And at 1638 hours, you were standing at the lift lobby and shortly after that, you were intercepted by police. No other person was seen going into or out of the flat.
Government Chemist confirmed the drugs found on you and the drugs found inside the flat as particularised in the two counts that you have pleaded guilty to. In summary, a total of 68 plastic bags containing 656.94 grammes of a solid containing 581.96 grammes of cocaine and three plastic bags containing 1.72 grammes of a solid containing 1.39 grammes of ketamine.
It was estimated that the total street value of the drugs was $884,108.
For the 1st count, there are two types of drugs which in itself is an aggravating factor. For 0.22 grammes of ketamine, sentence is at my discretion. For 3.93 grammes of cocaine, it is in the sentencing range of 2 to 5 years. For the 2nd count, there are also two types of drugs in a much greater quantity. For 578.03 grammes of cocaine, we are looking at a sentence between 15 to 20 years. For 1.71 grammes of ketamine, we are looking at 2 to 4 years’ imprisonment.
You just turned 24 with previous convictions. In particular, you were convicted of possession of dangerous drugs on 23 March 2021 and sentenced to 3 months’ imprisonment, suspended for 3 years. The commission of the present offence put you in breach of the suspended sentence imposed.
You were educated up to Form 3 and was unemployed at the time of the offence.
From the circumstances of this case, you are not a mere courier or storekeeper. At least, you were involved in packaging or repackaging dangerous drugs. Despite that, I will, for the purpose of sentence, put you in the lowest category of culpability.
For the 1st count, I ignored the minute quantity of ketamine but take into account the fact of two types of drugs. I therefore adopt a starting point of 3 years’ imprisonment. For your early plea, I will reduce it to one of 2 years.
For the 2nd count, the quantity of cocaine puts you in the sentence range of 15 to 20 years, and the quantity of ketamine put you in the sentence range of 2 to 4 years. Thus, for the quantity of cocaine, a starting point of 19½ years is appropriate.
Having considered that there are two types of drugs and the quantity of ketamine in four transparent bags were not of negligible quantity, I adopt a starting point of 20 years. I checked this enhanced starting point with the tests stated in Chan Yuk Leung. I am of the view that no adjustment is needed to be made to the 20 years I have adopted. Likewise, for your early plea, I give you one-third discount, reducing it to one of 13 years and 4 months.
Had you been charged with only one count of trafficking for all the drugs seized in this case, a starting point of 20 years would be about right. I therefore order the sentence on the 1st count, ie, 2 years, to run concurrently with the 2nd count. I found no other mitigating factors in your case.
Therefore, for both counts you are sentenced to a total of 13 years and 4 months.
As to the suspended sentence passed on you in March 2021, the operation period of the suspended sentence is one of 3 years and you committed the present offence just over 1 year after the suspended sentence was passed on you. There is a presumption to activate a suspended sentence unless it is unjust to do so. The reason for that assumption is the suspended sentence would have no effect if it was not activated, especially for a similar type of offence. Secondly, it will also send a wrong message to others if a suspended sentence is not activated even an offence was committed during the operation period.
In your case, it has been urged upon me that because a lengthy sentence has to be passed on you, which I have just done, and it is one of 13 years and 4 months, it is urged upon me that the activation of the suspended sentence will add no deterrence to you and is not conducive to your rehabilitation. However, I am afraid I am not persuaded that the suspended sentence should not be activated. Therefore, I activate the suspended term of imprisonment. I activate the full term, 3 months, and that has to be served consecutive to the sentence that I have just passed.
Therefore, in total, you have to go to jail for 13 years and 7 months.