CRIMINAL CASE NO. 117 OF 2011
COURT: I have to sentence you for two charges: one of possession of ketamine; another of trafficking in it.
The possession adds nothing to the case. It is a very, very small amount. I cannot see any reason why in fact it stayed on the indictment. My order in respect of it is that there is no separate penalty.
As regards the trafficking, you will have been told that the sentencing follows guidelines which are based on the nature and quantity of the drug.
You were trafficking in 134 grammes, so you fall into the category that runs from 50 grammes to 300 grammes, attracting a starting point after trial of 6 to 9 years’ imprisonment.
The fact is you pleaded guilty at the earliest opportunity. You were frank to the police. You have got a clear record; and even though you have not said it, it may have been that a little bit of the ketamine would have been for your own use, because Count 1 demonstrates that.
You earn a one-third discount for your plea of guilty.
It is not just a question of mathematics. The starting point is just under 7 years, which would give a sentence of, from say, 6½ years, of 4 years and 4 months, but the guidelines are not straitjackets; and through some letters, your counsel has been able to demonstrate that basically you are not a bad lad. You in fact have been rather a nice lad. You were just plain greedy on this occasion.
I cannot take you out of the bracket, because it would take exceptional circumstances to achieve that, but looking at your case and all I know about it and you, I am persuaded to round down, and pass a sentence of 4 years’ imprisonment. You could not have hoped for less. I know you wanted a report for a training centre, but, as your counsel is bound to acknowledge, and realistically does, that was not an option. It is too serious for that.
You have demonstrated that with a bit of application at school you can do quite well, so use the opportunity you are going to have, being put away, to do some study, and hopefully when you come out you will never return to this sort of position again. And I say this for your family: the fact is until you are 21, you will probably be at the same institution as boys in training centre. You will share the same teachers and share the same sort of lessons and training. So make the most of it.