CRIMINAL CASE NO. 119 OF 2012
COURT: I have to sentence you for trafficking in dangerous drugs. The drug in question was ketamine and you were stopped, conveying a quantity of it, in a motor car. There were 630 grammes of the drug. The quantity of the drug makes it a grave case.
Even though you have never been in any trouble before, you will now have been told and you will well know that drug trafficking is sentenced by reference to guidelines in Hong Kong which depend upon the nature and the quantity of the drug. For 630 grammes of ketamine, you fall into the band that starts at 600 grammes and runs to 1,000grammes attractingimprisonment after trial of 12 to 14 years’ imprisonment.
On just the very basic facts of the case, I put you at the bottom of the category. You will have to understand that, in the absence of exceptional circumstances, I cannot move in any way substantially outside of those guidelines. It would be unfair to others who commit a similar crime to you, and I am afraid there are many of you who do it. I have to achieve consistency.
But having said that, there is room for a little manoeuvre within the guidelines and, having heard your mitigation and read the letters from your family, I shall use that little room for manoeuvre in your favour. I am impressed by the letters and by the fact that your father has actually paid for an open university course for you to study whilst you are in prison.
It is very difficult for a judge to say why he may be impressed by such material, but we are used to reading a lot of it - and it may be the case that I am taken in just by some good penmanship - but my perception is this is genuine andit may be the case that this opportunity given to you now to study and improve yourself may mark a turning point in your life. If it does, I want to do the little that is available to me to encourage it.
So I shall sentence you in this way. I would take a starting point at the bottom of the bracket of 12 years’ imprisonment if you had fought the case. You earn yourself a one-third discount and that will give a standard sentence of 8 years’ imprisonment. For the reason I have mentioned, I am going to round that down to 7½. It keeps you within the spirit of the guidelines whilst acknowledging the force, such as there was, of the mitigation.
And I will just add this. The guidelines obviously have a beginning and end to the bracket. If a man falls in the middle of a bracket and the judge adjusts his sentence slightly, no one notices. When it goes below the actual line, people do notice. But having made the point as I do, it is to assure those who keep an eye on these things that I had a proper eye on the guidelines.