CRIMINAL CASE NO. 350 OF 2010
COURT: This Defendant entered a plea of guilty to one charge of trafficking in a dangerous drug, namely, 313.02 grammes of a powder containing 215.07 grammes of ketamine. The trial was originally fixed to start today, 24 January, for five days, but the Defendant advised the court of her wish to plead
guilty on 7 January this year.
The facts which were admitted by the Defendant show that police mounted an anti-dangerous drug operation at a residence in Sham Shui Po. The Defendant was stopped as she was about to unlock the metal grille at the entrance to the premises on her return to the flat. The Defendant was searched but nothing suspicious was found on her person.
Police entered the flat pursuant to a warrant. Inside the flat, they found a domestic helper and the Defendant’s young daughter. The flat was searched and in a wardrobe drawer in the Defendant’s room, a transparent box was found containing 6 resealable plastic bags containing suspected dangerous drugs, a quantity of resealable plastic bags, an electronic scale and two spoons.
The Defendant was arrested and cautioned for the offence of trafficking and in reply to the officer said: “I delivered these ‘K Tsai’ to the customers for others. I just made a little money”.
A Video Interview was conducted in which the accused admitted delivering drugs for a person called “Fei Chai” whom she had met a year before. She had met him again recently and he had asked if she wanted to earn money by delivering ketamine. She had agreed.
Later, Fei Chai called her and instructed her to collect the drug at a location near a public swimming pool. She found the bag containing the drugs, scales, spoons and plastic bags, all of which were found later at her home. She had divided the drugs according to Fei Chai’s instructions and subsequently made four deliveries of the drug in June 2010.
Subsequent analysis by the Government Chemist established the quantity of drugs set out in the particulars of the charge. The estimated retail value of the drugs seized in June 2010 was HK$36,623.
The Defendant has three previous convictions, two for possession of dangerous drugs in 2004 and 2007 and a further charge of smoking or injecting a dangerous drug in September of 2007.
I am advised that the Defendant is aged 27. She was born in Hong Kong and she was educated to secondary 5 level in Hong Kong. Her Antecedents Statement indicates that she worked as a part-time bar promoter and money-exchanger prior to her arrest but, at the time of her arrest, she was unemployed. She is single with a daughter of 7 and lives with her parents, younger brother, her daughter and a domestic helper in Sham Shui Po. The father of her daughter left when the daughter was about 5 or 6 months old.
I have had a letter put before me, written by the Defendant, which expresses her remorse for this offence and in which she vows to turn over a new leaf. Her mother has also put in a letter saying that she supports her daughter and asks for leniency on her behalf.
The guideline sentences for ketamine are set out in Secretary for Justice v Hii Siew Cheng CAAR7/2006. For a narcotic quantity of 50 to 300 grammes, the sentencing range is 6 to 9 years’ imprisonment.
In this case, the sole mitigation is the plea of guilty entered by the Defendant to this charge. She is entitled to the usual one-third discount on sentence.
I adopt a starting point of 8 years and sentence the Defendant to 5 years and 4 months’ imprisonment.