At about 7.46 pm on 16 February 2011 police officers intercepted the defendant outside Room 8, 1st Floor, No. 475 Shun Ning Road. The defendant was carrying a plastic bag and officers searched the bag and found 33 plastic bags containing the dangerous drugs as set out in the 1st charge.
The defendant admitted under caution that he trafficked the drugs as he needed money. The defendant led the police inside Room 8. The police found the drug as set out in the 2nd charge. There were also a bundle of resealable plastic bags and an electronic scale.
The defendant admitted that he assisted in packaging the drugs for sale. He was adjudged bankrupt and owed a debt of about $300,000. He was working for Ah Wah to pack and distribute the dangerous drugs. He earned $500 for each delivery.
The defendant is 20. He has a clear record. He received education up to Form 3. He is single and resides at the premises where the dangerous drugs were found. He worked as a bar tender before the incident. His employer commended his positive attitude and good relationship with colleagues.
His debt was mainly credit card loans.
In relation to the 1st count for the 20.45 grammes of ketamine, according to the tariff set out in Secretary for Justice v Hii Siew Cheng, the starting point should be 4½ years’ imprisonment. For the 5.39 grammes of cocaine, according to Lau Tak Ming, the starting point should be 3 years and 7 months’ imprisonment. As there are two kinds of drugs I adopt the approach in HKSAR v Wong Kin Kau CACC 269/ 2009.
In arriving at the combined starting point I have considered the following:
(a) Trafficking in 20.45 grammes of ketamine warrants an imprisonment of 4½ years.
(b) Trafficking in 5.39 grammes of cocaine would be roughly equivalent to the criminality of trafficking in 8.1 grammes of ketamine.
(c) I add this notional 8.1 grammes to the 20.45 grammes of ketamine also found in the same plastic bag, the total is 28.55 grammes of ketamine.
(d) The defendant is sentenced on the basis of trafficking this equivalent amount of ketamine.
(e) For 28.55 grammes of ketamine the sentence should be 4 years and 11 months’ imprisonment.
(f) Given the circumstances in this case I would not enhance the starting point further for the potential of mixing of the drugs.
Having considered the quantity of drugs and the mitigation, I take 4 years and 11 months as the combined starting point. I deduct 1 year and 8 months for his plea. I sentence the defendant to 3 years and 3 months’ imprisonment for the first count.
For the 2nd count, the 105.77 grammes of ketamine should attract a starting point of 6 years and 8 months’ imprisonment. I deduct 2 years and 3 months for his plea. I sentence the defendant to 4 years and 5 months’ imprisonment for the 2nd count.
In view of the totality principle I order that 3 months of the sentence of the 1st count to run consecutive to the sentence of the 2nd count. The defendant has to serve a total of 4 years and 8 months’ imprisonment.