COURT: The defendant has pleaded guilty to two counts of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance. He is committed to this court for sentence.
In the morning on 25 March 2024, the defendant was intercepted by police officers outside a residential unit in Kwun Tong. Inside a cigarette box carried by the defendant, 9.68 grammes of ketamine was found. Police officers then proceeded to search the residential unit in question. Inside the unit, police officers found 138.11 grammes of cocaine, 46.69 grammes of ketamine and various drug paraphernalia.
Under caution, the defendant admitted that he was engaged by an unknown person to package and deliver drugs to others upon instructions.
The street value was estimated to be between HK$180,000 to HK$250,000.
The defendant is now aged 33, single, educated up to secondary school level. He has a clear record.
Mitigation letters from the defendant, defendant’s mother and sister have been produced. They understandably ask for leniency. However, my sentencing options are pretty restricted by the authorities given by the Court of Appeal.
Although the defendant was charged for two counts of trafficking, given the circumstances of his arrest and the finding of the dangerous drugs in question, they could be viewed as one transaction and will be treated as such. The notional starting point for trafficking in 138.11 grammes of cocaine will be one of 10 years and 4 months. As for the presence of ketamine, an extra 3 months would be added.
There are other aggravating features as well. The defendant was not acting simply as a courier, he was essentially running a packaging and distribution centre. Further, more than one drug was involved. For that, the sentence will be enhanced by 5 months. The only mitigating factor is the defendant’s earliest plea, as such, a full one-third discount will be given.
For the two counts of trafficking in dangerous drugs the defendant stands convicted, he is sentenced to 7 years and 4 months each to be served concurrently.
