COURT: Defendant pleaded guilty at the committal stage to a count of trafficking in dangerous drugs. The particulars of the offence is that on 22 May 2022, at Room 2113, Yuet Wah House, Tin Yuet Estate, Tin Shui Wai, you unlawfully trafficked in 130.44 grammes of a solid containing 112.66 grammes of ketamine and 6.57 grammes of a solid containing 1.95 grammes of cocaine.
The facts of the case is that on 22 May 2022, police conducted an anti-narcotic operation targeting the unit that I have just set out in the charge. At around 1.05 in the afternoon, you opened the door of the unit to receive a delivery of meal boxes. Police approached the unit, but you tried to close the gate, but then the police officer managed to gain entry.
The unit has three bedrooms. Police searched your bedroom, and in the bedroom, there is a drawer under the bed. There is a tote bag containing a plastic bag containing 26 resealable plastic bags containing a total of 130.44 grammes of a solid containing 112.66 grammes of ketamine, a resealable bag containing 6.57 grammes of a solid containing 1.95 grammes of cocaine. Further, two resealable plastic bags containing a total of 16 empty resealable plastic bags. There is also a digital scale with battery found. On a computer desk, there is some cash, HK$390, keys to the unit and a mobile phone.
The total quantity of drugs seized in this case was 130.44 grammes of a solid containing 112.66 grammes of ketamine and 6.57 grammes of a solid containing 1.95 grammes of cocaine.
The estimated value of cocaine was HK$61,829. Insofar as cocaine is concerned, it is between $5,966 and $8,843, depending on whether it is in powder form or crack form. Hence, the total estimated street value is between $67,000-odd and $70,000-odd.
Upon arrest and under caution, you said that you had sold some illicit drugs to make a living. Subsequently, in a video-recorded interview, you admitted, inter alia, you knew the drugs seized by police were ketamine and crack cocaine. And about three weeks ago, you collected a tote bag from your friend, which contained the drugs and also the plastic bags and the digital scale.
You plan to pay your friend HK$20,000 to HK$30,000, and you plan to earn money by selling the drugs in bars with the help of your friend. However, you said you are unable to pay your friend or start selling the drugs because your friend had been arrested.
Finally, you admitted the Summary of Facts that was read to you at the committal stage that you knew the drugs seized by police from the flat were ketamine and cocaine, and you possessed the drugs for the purpose of trafficking.
You were single and resided with your father. You are now 28 years old. Though you are still young, but you have already been caught on three occasions. You have one previous conviction for possession of dangerous drugs, for which you were sent to DATC.
The drugs found inside your room are of two types, ketamine and cocaine. Although the cocaine is of relatively smaller quantity, but they are not insignificant. For cocaine up to 10 grammes, we are looking at a sentencing range of 2 to 5 years. For ketamine, 50 to 300 grammes, we are looking at a range of 6 to 9 years.
In the circumstances of this case, I decided that it would be beneficial to you if I adopt a combined approach. As ketamine is more serious in terms of sentence, I would use ketamine as a base drug for my calculation. And the question is, really, how much the sentence has to be enhanced in view of the presence of cocaine.
From a pure mathematical calculation, 112.66 grammes of ketamine attracts a term of imprisonment of about 6 years and 9 months. The cocaine is 1.95 grammes, a relatively smaller quantity. I therefore decided to enhance the 6 years and 9 months by 9 months. With the assistance of calculation done by both the prosecution and defence, I counter-check my figure with those calculations. I am of the view that an initial starting point of about 7½ years is about right.
The next question is to decide your role and culpability in this matter. You are not just a courier, which is at the lowest end of culpability. As you have admitted under caution, you sell it in the bars. It is a very serious social problem that drugs are available in bars for youngsters in Hong Kong. Not only you are a direct trafficker, but also you sell it to people who went to bars for fun. The court has to send out a clear message that supplying drugs to people in the bar need to be deterred.
Having considered your role and culpability in the matter, I decided to adopt a starting point of 8 years. Although you have previous convictions, in particular, one for possession of dangerous drugs, I will not further enhance my starting point because of your record. But I must warn you, if you come to court again for dangerous drugs offence, you will not be treated so leniently.
Other than your timely plea, I can see nothing in your background or anything else which I could give you any discount. I will give you one-third discount for your plea.
So the sentence I pass on you is one of 5 years and 4 months. You are still young. I hope you will not build up your criminal record.