COURT: The defendant has pleaded guilty to two counts of trafficking in a dangerous drug. The first count relates mainly to the drugs which were found in his hand, namely 3.52 grammes of a solid containing 1.07 grammes of ketamine. The second count is in relation to the drugs found in his home which was 0.47 kilogrammes of a solid containing 0.17 kilogrammes of ketamine and 0.05 grammes of a powder containing cocaine.
The facts reveal that when the defendant was stopped by the police on the street near his home he had in his fist the drugs which are the subject matter of Count 1. Under caution the defendant said it was his friend who asked him to deliver the ketamine to someone.
Under a search warrant, the defendant was taken to his home where, upon opening the door with the defendant’s keys, the police discovered the drugs which are the subject matter of the 2nd count.
The defendant lived at that address by himself and openly displayed in the living room were the drugs which are the subject matter of the 2nd count together with an electronic scale with traces of cocaine and ketamine, a plastic bag containing 0.22 kilogrammes of a solid which contained monosodium glutamate and a paper box containing 24 resealable transparent plastic bags and one white plastic sheet and a pair of scissors.
It was plain therefore that the defendant was more than a courier because it was plain that he was packaging these drugs in his home.
Also in the room was found a paper carrier bag which contained a bowl which contained the 0.05 grammes of a powder containing cocaine, which is the subject matter of the 2nd count. There were also two plastic bags which contained traces of cocaine and a piece of paper and seven pieces of white plastic sheets.
Under caution the defendant claimed that the ketamine and monosodium glutamate were given to him by a person called Ah Tung and that he was instructed to weigh out 3.5 grammes of ketamine to deliver to a person. He claimed that the paper bag which contained the paper containing cocaine and the plastic bags with traces of cocaine were left there by Ah Tung.
Subsequently, the drugs were examined and certified by a Government Chemist and the estimated retail street value of the ketamine was in the region of HK$59,663 and the cocaine was worth about HK$53.
The defendant is aged 24 and has two previous minor convictions which are not similar. As with many defendants who appear in this court, he comes from a broken family but it is no excuse because the defendant is now aged 24. He is an adult and should be able to get over whatever unhappiness had resulted from a broken home.
In mitigation Mr Leung had produced several letters in support from his colleagues and his mother and his godmother. I am impressed by the fact that they all consider the defendant to be a filial son and a good work colleague but I am informed that the defendant committed this present offence because he wanted the reward which had been offered to him in order to repay a debt he had incurred.
The Court of Appeal has laid down guidelines for trafficking in ketamine in the case of HKSAR v Hii Siew Cheng [2009] 1 HKLRD 1. In that case the Court of Appeal recommended that for trafficking in ketamine of between 50 to 300 grammes the sentence should be one of 6 to 9 years’ imprisonment after trial.
The total amount of ketamine in this case would bring, as Mr Leung correctly pointed out, a starting point of about 7½ years and above.
Taking into account that the cocaine in the 2nd count is of a minimal quantity, I will not increase the sentence in the 2nd count by adding to the sentence for the 0.47 kilogrammes containing 0.17 kilogrammes of ketamine together with a sentence for 0.05 grammes of a powder containing cocaine. The Court of Appeal has said that the sentencing court should consider adding the two amounts together and sentence by adding the cocktail together and sentence according to what is predominant in that mixture. I will therefore sentence as if the total amount of drugs was all ketamine.
I will sentence the defendant in this way: in relation to Count 1, the starting point is 18 months’ imprisonment. Taking into account his plea, the sentence is reduced to 12 months’ imprisonment. In the 2nd count the defendant is sentenced to 7½ years’ imprisonment reduced to 5 years because of his plea. Both sentences will be served concurrently.