CRIMINAL CASE NO. 349 OF 2010
COURT: The defendant pleaded guilty to two counts of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.
On the material day, the defendant emerged from his residence. He was intercepted by police officers. A search was conducted on one of his residences at No. 9A Sharp Street.
Approximately 48 grammes of ketamine, 4.5 grammes of methamphetamine, and other psychotropic substances were found. Subsequent search of another premises at the 2nd Floor, 13 Matheson Street, found approximately 131 grammes of ketamine, 102 grammes of methamphetamine, and some other psychotropic substances too.
The defendant admitted that he was the tenant of both premises and these drugs were for trafficking purpose.
The defendant has a clear record. He was unemployed at the time and driven to this illicit trade because of financial difficulty.
Family and friends have written on his behalf. I have sympathy for them. However, in a crime as serious as the present one, the defendant’s personal circumstances and his lack of criminal conviction count little.
The 1st count involves 48 grammes of ketamine and 4.5 grammes of methamphetamine. The guideline for trafficking in 48 grammes of ketamine is one of 6 years’ imprisonment. The defendant, of course, in addition also trafficked in 4.5 grammes of amphetamine and several hundred essentially anti-anxiety tablets.
In a case like this, I believe the combined approach would be the appropriate method to deal with the situation. In view of that, the starting point for the 1st count is enhanced to one of 7.5 years’ imprisonment; 7 years and 6 months. The defendant will be given the usual one‑third discount for his plea.
For the 1st count, the defendant is sentenced to 5 years’ imprisonment.
In relation to Count 2, it involves essentially 102 grammes of methamphetamine and 131 grammes of ketamine. The guideline for trafficking in 102 grammes of methamphetamine is one of 10 years’ imprisonment. The defendant, in addition, also trafficked in 131 grammes of ketamine and 200 anti‑anxiety tablets.
In view of that, the starting point is enhanced to one of 12 years’ imprisonment. Similarly, the defendant will be given the usual one-third discount.
For the 2nd count, he is sentenced to 8 years’ imprisonment.
Given the total quantity of drugs involved and the circumstances of their seizure, the 5 years imposed on Count 1 is ordered to run concurrently to the sentence imposed on Count 2.
In conclusion, the defendant is sentenced to 8 years’ imprisonment.