CRIMINAL CASE NO. 39 OF 2010
COURT: The defendant pleads guilty to one count of Trafficking in a dangerous drug.
There were two kinds of drug involved, cocaine and ketamine. The amount of cocaine was 31.94 gramme and that of ketamine was 41.75 grammes respectively.
On 16 August 2009, at about 3 am the defendant took the drugs back home and put them inside his bedside cabinet. The defendant’s mother was suspicious and made a report to the police.
At 10 am in the next morning police officers arrived and searched the cabinet in the presence of the defendant. The drugs, which is the subject matter of the charge, were found in the first and second drawer. It consisted of 31 packets of ketamine and 8 packets of cocaine. There were also a metal bowl, a spoon and electronic scale and piles of resealable plastic bags found in the third drawer.
The defendant admitted that he got the drugs from Ah Chung the day before the arrest. He intended to repack and sell the majority of them for a profit. The market value of the drugs was about 80,000.
The defendant was born on 17 March 1993. He is 17 years old. His father passed away in 1997. His mother suffered from depression and was unable to control him. The defendant dropped out from school after Form 2. He has one previous conviction of wounding and was sentenced to rehabilitation centre.
After discharging from rehabilitation centre he worked for a short period as a kitchen assistant. He quit his job and got along with dubious friends. He frequented cyber cafés and started taking cocaine in year 2008.
Defence counsel, Mr Wong, pointed out that the defendant succumbed to the persuasion of his friend in committing this offence. The defendant admitted, in the background report, that he was given $350 as a reward for dealing with the drugs in this case. At that time he was in need of money.
For trafficking in cocaine the sentencing tariff set out in HKSAR v Lau Tat Ming [1990] 2 HKLR 370 is applicable. For 31.94 grammes of cocaine the starting point should be 5 to 8 years’ imprisonment. For trafficking in ketamine the sentencing tariff set out in Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1 is applicable. For 41.75 grammes of ketamine the starting point should be 4 to 6 years’ imprisonment.
Given the amount of cocaine alone the starting point should be 80 months’ imprisonment. Similarly for the amount of ketamine alone the starting point should be 67 months’ imprisonment.
In sentencing I adopt the approach recommended by the Court of Appeal in HKSAR v Ip Wai Yin [2004] 3 HKC 367. I first take 80 months’ imprisonment as the provisional starting point in view of the cocaine. I raise it by 16 months taking into account the ketamine involved. I take the final starting point of 96 months’ imprisonment.
The defendant is not exceptionally young for leniency. He committed this offence mainly for a reward. It is true that his mother turned him in to the police. While I commend his mother’s righteousness, this is, however not a justification for remission.
Having considered his background there is no other ground for further reduction. The defendant is entitled to 32 months discount for the plea.
I sentence him to 64 months’ imprisonment.