CRIMINAL CASE NO. 319 OF 2010
COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, namely 421.60 grammes of a powder containing 344.66 grammes of ketamine. He has also pleaded guilty to trafficking in a dangerous drug in the 2nd charge, namely 110.25 grammes of a powder containing 93.86 grammes of ketamine.
The facts show that on 16 March this year, the defendant was seen walking along Sai Yeung Choi Street carrying a dark brown paper bag in his right hand. Inside the paper bag were found two plastic bags which contained ketamine.
Upon being arrested and cautioned, the defendant admitted that he was delivering the “K chai” for someone. He also confirmed that he had some more drugs at his home. He was subsequently taken to his home, and a search of his premises revealed four transparent resealable plastic bags containing ketamine, an electronic scale, piles of transparent resealable plastic bags, and a pair of scissors and a spoon.
The drugs found in the brown paper bag he was carrying were subsequently examined and found to contain the amount as contained in Charge 1. The ketamine found at his home was of the amount contained in Charge 2.
The total amount of the drugs found on his person and at his home was 531.85 grammes of a powder containing 438.52 grammes of ketamine. The estimated retail value of the seizure was in the region of about HK$59,567.
In a subsequent video-recorded interview, the defendant gave the usual story about meeting a man called “Ah Ming” who asked if he wanted to make money by delivering ketamine. He said that “Ah Ming” gave him money to rent premises to store the ketamine. On the day of his arrest, he had been told by “Ah Ming” to go to a rear lane in Sai Yeung Choi Street to collect the paper bag. Subsequent inquiries revealed that the accused had rented the premises in which the drugs were found since 10 March 2010.
Because the defendant is aged 18, I acceded to the request of Mr Donald to call for a background probation officer’s report. It is also the first time that the defendant has been in any trouble with the police.
From the report I can see that the defendant has a pair of very hardworking parents, and he has a half-brother who also has a job which keeps him busy. Unfortunately, the defendant did not appreciate the advantage that he has been given, and loitered in karaoke lounges and video games centres and basically toyed with drugs during his youth.
He claimed to have stopped taking drugs in January 2009, but told the probation officer that he could not resist temptation, and relapsed into taking drugs, including “Ecstasy” and cocaine, in August 2009.
The defendant completed Form 5 and started working for McDonald’s. Unfortunately, again, he did not appreciate the fact that he had a job, and indulged himself again and succumbed to the temptation of making quick money by drug trafficking.
There is nothing in the defendant’s background that would warrant any special treatment.
The guidelines have been laid down for trafficking in ketamine in the case of Hii Siew Cheng (2008) 3 HKC 323, and it is recommended that for trafficking in between 300 to 600 grammes of ketamine, a sentence of 9 to 12 years’ imprisonment is appropriate.
In this case, as Mr Donald correctly pointed out, the total amount is 438.52 grammes, thus falling into the recommended category of a 10 to 10½ years’ starting point in sentence. Because this is the first time he has committed a criminal offence and his age, I will take the lower starting point of 10 years.
Giving the defendant one-third off for his plea, the sentence is reduced to 6 years 8 months.
So I will sentence the defendant in this way. In Charge 1, the defendant is sentenced to 6 years and 8 months.
In Charge 2, I would take a 6-year starting point and reduce it to 4 years because of the defendant’s plea, and both sentences will be served concurrently.