CRIMINAL CASE NO. 130 OF 2011
COURT: This defendant pleaded guilty at committal on 8 April 2011 to one count of trafficking in a dangerous drug.
The dangerous drug was 250.84 grammes of a powder containing 173.21 grammes of ketamine.
Today the defendant confirmed that plea of guilty and also confirmed the facts that he admitted at committal. Those facts were that the defendant was stopped by police officers as he arrived at the ground floor lift lobby of his apartment building. He held in his right hand a white box later found to contain cakes, and a brown paper bag bearing a McDonald’s logo.
A search of his person did not reveal any dangerous drugs.
When the defendant was asked what the bag contained, he did not answer. Inside the bag, police found a resealable transparent plastic bag containing a white substance. When cautioned, the defendant replied, “The ‘K-chai’ is just for my own consumption. I thought of making a bulk purchase at one go for my constant consumption. Please give me a chance, Ah Sir.”
No further drugs or paraphernalia were found at the defendant’s home.
The defendant told police that when he had been drinking in Tsim Sha Tsui, he met a man who asked him if he wanted “K‑chai”, and he paid $9,500 for it. He did not know the man and had no means of contacting him.
In a Video Interview, the defendant said he had been working as a bartender for about $10,000 a month, but he became unemployed when the bar closed down. He had drunk a lot of alcohol the night before, which was why he could not remember the details of the bar where, or the man from whom, he bought the drug.
He said he had been addicted to drugs for a year and he took ketamine three times a day, consuming 3 grammes each time.
The $9,500 he used to buy the drugs was saved from his salary.
Analysis by the Government Chemist confirmed the nature and quantity of the drug as set out in the particulars of the charge. The estimated street value of that quantity of drug was $29,097.
The defendant accepted that at all material times he unlawfully trafficked in the dangerous drugs.
The defendant has a previous record which started in 2005. He has one conviction for blackmail and one conviction for claiming to be a member of a triad society, which were dealt with together and for which he was sentenced to Detention Centre. In November of that year he was sentenced to 5 years and 4 months’ imprisonment for wounding with intent to do grievous bodily harm. That case was in the High Court.
The antecedents statement shows that the defendant is aged 22. He was born in China. He completed his Form 1 education in Hong Kong, and he has worked as a decoration worker, a transport worker, and a bartender. His mother was still working but his father has retired, and I am advised that he has one younger brother. He was contributing $6,000 from his salary to his family.
I have had put before me a letter in which the defendant expresses his regret for his behaviour and indicates his intention to turn over a new leaf and also to acquire a skill while he is in prison so that he can become a contributing member of society when he is released.
The guideline case for sentences relating to ketamine is Secretary for Justice v Hii Siew Cheng [2009]. A quantity of 250 to 300 grammes of narcotic attracts a sentence in the range of 6 to 9 years’ imprisonment.
In this case, the only cogent mitigation is the defendant’s plea of guilty, for which he is entitled to a full one‑third discount.
I adopt a starting point of 7 years, and sentence the defendant to 4 years and 8 months’ imprisonment.