CRIMINAL CASE NO. 166 OF 2011
COURT: The defendant pleads guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.
He was intercepted at the Customs Arrival Hall at Lok Ma Chau upon his return from Shenzhen. A body search revealed five bags of ketamine wrapped round his waist in adhesive tape.
Under caution, the defendant said he was delivering the drugs on behalf of someone to Hung Hom.
He agreed to participate in a controlled delivery operation, but no one turned up to collect the drugs.
Upon analysis, the drugs were found to consist of 1,250 grammes of a powder containing 940 grammes of ketamine.
The defendant is now aged 22. He has a clear record. I am told by way of mitigation that prior to his arrest, his employment was unstable as a delivery worker. He maintained a poor relationship with one of his elder brothers at home, which led him to stay frequently away from home and to seek merriment with undesirable peers.
Wishing to earn quick money, he succumbed to the temptation of delivering drugs. He was told to collect drugs from Huang Kwang to deliver to Hung Hom, but he was arrested before he could deliver the drugs or receive any of the money promised.
Counsel asks me to take account of his co‑operation with the authorities; that he is still of a young age; and that in his letter of mitigation, he showed remorse and readiness to face the consequences; that he has shown preparation to study and learn skills whilst in prison, and promises to turn over a new leaf after his release. Counsel asks me to pass a lenient sentence on him.
In sentencing the defendant, I take into account the nature of the offence, drugs involved, its quantity, and the sentencing tariff. I have also taken into account the defendant’s plea and mitigation.
According to the guideline laid down in the case of Hii Siew Cheng, trafficking in 600 to 1,000 grammes of ketamine attracts a starting point of between 12 to 14 years.
The present case involves 940 grammes of ketamine, with across-border element which is an aggravating feature.
I adopt a starting point of 14 years’ imprisonment. The defendant is entitled to the full one-third discount for his plea and co-operation with the authorities.
He is sentenced to 112 months, which is 9 years and 4 months’ imprisonment.