CRIMINAL CASE NO. 352 OF 2011
COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, Count 1, and one count of possession of a dangerous drug, Count 2.
By their pure narcotic content, Count 1 involves 3.95 kilogrammes of ketamine, and Count 2, 1.52 grammes of cocaine.
The facts of the case were simple. On driving across the Lok Ma Chau Control Point, the defendant’s car was searched and found to have hidden under the driver’s seat the drug in Count 1. A body search of the defendant itself further revealed that hidden inside his left sock was the drug in Count 2.
The defendant is aged 43. Born in Hong Kong, he was educated up to Form 3 before leaving school. At the time of the offence he was a cross-border driver, married, and had no previous conviction.
In mitigation, counsel said the defendant committed the trafficking offence out of momentary greed for a small monetary reward. Otherwise, very little was or can be said on behalf of the defendant.
The proper starting point for Count 1 is 18 years. On a guilty plea, it will be reduced to 12.
As regards Count 2, I am satisfied that there was no latent risk of trafficking, so a starting point of 18 months will be adopted, to be deducted by one-third on the guilty plea to 1 year.
Taking into account the totality principle, I consider wholly concurrent terms to be fitting in the present case, and sentence the defendant to a total of 12 years’ imprisonment.