CRIMINAL CASE NO. 275 OF 2011
COURT: Ng Tik-man, you have been committed to this court for sentence following your plea of guilty in the Magistrates’ Court to trafficking in 1.97 kilogrammes of a powder containing 1.56 kilogrammes of ketamine.
Shortly after midnight on 8 March this year you were stopped by Customs officers as you came out of Tsuen Wan West Railway Station. You were carrying the drugs, which are the subject of this charge, in a paper bag.
When you were questioned by the Customs Officers you alleged that you had been given the drugs by a person in Kam Sheung Road and told to take them to Tsuen Wan West Railway Station where you were to await further instructions. You had been promised HK$3,000 after the job was completed.
At the time of this offence you were a mature man, aged 30, and would have been fully aware of the very serious consequences which would follow if you were found to be trafficking in these drugs. This was a substantial quantity of ketamine. Its retail value on the streets of Hong Kong at that time was approximately $222,000.
As you will be aware the guideline starting point for those who traffick in 1 kilogramme or more of ketamine is 14 years or more. In your case 1.56 kilogrammes of ketamine was involved.
I have been referred to a number of cases in which the courts have had to sentence persons found trafficking in more than 1 kilogramme of ketamine.
I bear in mind that this is not a case where there is any international element. In other words, you were not involved in bringing the drugs into Hong Kong or exporting them from Hong Kong. I also bear in mind that you are not someone who has been involved in this sort of offence before.
Bearing in mind all the circumstances I am of the view that the appropriate starting point in this case is 15 years’ imprisonment.
I have listened to all that has been said by Mr Chandler on your behalf. I have also read the letters that he has submitted to me. They include letters from yourself, your teacher, your previous employer, members of your family and World Vision.
As Mr Chandler has told you, circumstances which might in respect of other offences afford some mitigation are of limited significance in an offence as serious as that of trafficking in dangerous drugs.
The only substantial mitigation in your case is your plea of guilty at an early stage in the Magistrates’ Court. That is a reflection of the remorse you feel for this offence and which you have expressed in the letter which has been submitted to me.
That plea entitles you to the usual discount of one-third. I accordingly pass a sentence of 10 years’ imprisonment.