CRIMINAL CASE NO. 192 OF 2010
COURT: On 13 December you pleaded guilty to one count of trafficking in dangerous drugs.
The particulars of the offence allege that on 6 February 2010, outside Kar Yam House, On Yam Estate, On Chit Street, Kwai Chung, you unlawfully trafficked in 248.57 grammes of a powder containing 196.01 grammes of ketamine.
The summary of facts admitted by you reveals on that day that you took delivery of a white and red cardboard carton package. When you were apprehended by the police in the immediate vicinity and that package was examined it was found to contain a clear plastic bag with the quantity of drugs referred to in the indictment inside it. Upon arrest you elected to remain silent.
A forensic examination of the red and white cardboard box revealed that your thumb-print was on the inside of it.
The drugs concerned are valued in the vicinity of $30,000. It is said on your behalf that, having become addicted to ketamine yourself, you have resorted to trafficking, not only for the purposes of supplying yourself with drugs but also to fund your purchases.
By way of background, I am told that you are 28 years of age. You have minor convictions in the past but not drug‑related. I have been told by Mr Wong that you are, in fact, a trained cook and for many years had been employed in steady employment with a major food chain in Hong Kong. I am also told that as a consequence of not being promoted, you resorted to the consumption of ketamine and ultimately quit your employment.
There is little else that I have been told about your background beyond that. It is apparent, however, that you were engaged in trafficking in substantial quantities of ketamine, even allowing for the fact that you may have consumed some of it yourself. I will take that into account when I adopt the appropriate starting point for sentence.
I am, however, satisfied that the vast majority of these drugs were held by you for the purposes of trafficking. On the basis of the Court of Appeal guidelines in Hii Siew Cheng [2009] 1 HKLRD at page 1, the appropriate starting point for sentence would be in excess of 7 years and 6 months’ imprisonment. I am prepared to adopt a starting point of 7 years and 6 months, however, to allow for the fact that some of the drugs may have been consumed by you.
You are entitled to, and will receive, a full one-third discount from that starting point for your timeous plea of guilty. That reduces the sentence to one of 5 years’ imprisonment and that is the sentence that I impose.