COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance.
In the evening on 8 December 2021, the defendant was intercepted by police officers after leaving her residence. A house search was subsequently conducted. Inside her residence, 2,425.9 grammes of ketamine and various drug paraphernalia were found.
Under caution, she told the police that she agreed to store and deliver the dangerous drugs in question for financial reward.
The street value was estimated to be over HK$1.6 million.
The defendant is 35, a housewife on CSSA. She lives with her two sons and two daughters. She has one criminal record unrelated to drugs.
A number of mitigation letters have been produced from family and friends. Essentially, they ask for leniency from this court. I understand their wish, however, I am bound by the guidelines set down by the Court of Appeal.
The notional starting point for trafficking in 2,425.9 grammes of ketamine should be one no less than 18 years’ imprisonment. I think it should be around 18 years 5 months something like that, on purely mathematic basis.
In the absence of further evidence, I am prepared to accept and sentence the defendant on the basis of her being simply a courier. However, in view of the defendant’s upbringing and effectively, she had four children to look after, her incarceration in my view, no doubt would cause great hardship to her children.
Apart from her plea at the earliest opportunity, I simply cannot see any other mitigation. As I have just said, my hands are pretty much tied by the Court of Appeal.
In light of that, the least I can do is that I would adopt 18 years as the starting point. The defendant will be given the usual one-third discount for her plea.
For the sole offence the defendant stands convicted, she is therefore sentenced to 12 years’ imprisonment.
