CRIMINAL CASE NO. 135 OF 2012
COURT: The defendant has pleaded guilty to two counts of trafficking in a dangerous drug. In the 1st count she pleaded guilty to trafficking in 0.54
grammes of a solid containing 0.42 grammes of cocaine and in the 2nd count she pleaded guilty to trafficking in a cocktail of drugs, namely 37.1 grammes of a solid containing 27.69 grammes of cocaine, 0.11 kilogramme of a powder containing 0.09 kilogramme of ketamine and 370 tablets containing 2.31 grammes of nimetazepam.
The facts are quite simple in that the defendant was arrested on the street in Hung Hom and there was a piece of white tissue paper in her hand and in this tissue were two re-sealable plastic bags which subsequently contained the drugs in the 1st Count.
Under caution she admitted that she was taking these drugs to a friend. Subsequently the defendant was led to a flat at the address in count 2, where 94 plastic bags and foil packets containing the dangerous drugs mentioned in count 2 were found inside a drawer in the living room. The drugs were packaged in 46 bags containing cocaine, 11 bags containing the 90 grammes of ketamine and 37 foil packs containing the nimetazepam tablets.
Under caution the defendant said that she had obtained the drugs from a friend called B Chai for $48,000 and she had intended to put the different drugs into different sized plastic bags for sale. She said that she was doing this for the sake of her children and that she, herself, was a ketamine user.
The defendant is aged 43 and has a clear record and I am told that she is divorced and she has two sons both aged 15 who lives with her sister.
In mitigation Mr Woon also mentioned that she had a part time sales job, earning $5,000 to $6,000 a month and that she was, in fact, helping her boyfriend in this drug trafficking. She was not getting any reward apart from a free supply of ketamine to fuel her addiction.
The sentencing for cocaine has already been laid down by the Court of Appeal in the case of Pedro Nel Rojas in 1994, that the guidelines for heroin should be used which were laid down in the case of Lau Tak Ming in 1990. In the case for ketamine the Court of Appeal, in the case of Hii Siew Cheng 2008 3 HK C 323 has also laid down guidelines for sentencing in trafficking of ketamine.
As far as nimetazepam is concerned the Court of Appeal in the case HKSAR v Wong Kin Kau 2010 HK App C 127 has already approved that the sentencing should follow the guidelines laid down for ketamine and ecstasy. In the same case it was also observed by the Court of Appeal that as for sentencing in a cocktail of drugs the combined approach actually would lead to a fairer overall sentence.
In count 1 the total amount of cocaine is 0.42 grammes and the sentencing guideline has laid down that for trafficking in up to 10 grammes of cocaine it would merit a sentence of two to five years, so for the amount of 0.42 grammes cocaine I would overall consider an 18 month starting point and with one-third off for plea would reduce the sentence to 12 months.
In the 2nd count is it a cocktail of drugs. There is 27.69 grammes of cocaine; plus 90 grammes of ketamine; plus 2.31 grammes of nimetazepam. So that gives us about 120 grammes of drugs. Taking overall the total weight of the drugs and the different type of drugs, I consider that a starting point for this amount would be 8 years’ imprisonment and the fact that the defendant has pleaded guilty she is entitled to one-third off the starting point so the sentence on the 2nd Count would be reduced to 5 years and 4 months.
The defendant is sentenced to 12 months’ imprisonment on the 1st count; 5 years 4 months’ imprisonment on the 2nd count. The sentences will be served concurrently giving a total of 5 years 4 months.