COURT: The defendant pleaded guilty to one count of trafficking in a dangerous drug.
On the day in question, the defendant was intercepted by police officers at the Hong Kong International Airport. He was about to join a tour to Australia.
A search was conducted on his luggage. Six packets containing a total of 4.72 kilograms of ketamine were found.
Under caution, the defendant admitted that he was asked to deliver the drugs to Australia for HK$20,000.
The defendant is 43, and works as a cook. He has five previous convictions, all relating to drugs. Miss Wong, counsel for the defendant, has provided to this court a detailed personal background of the defendant and his reasons for committing the present offence, to which I shall not repeat.
Miss Wong has, as always, tried her best to mitigate on behalf of the defendant. Although the defendant has five previous convictions, Miss Wong stresses that this however is the first time that the defendant is involved in trafficking. She further submits that the defendant only played a minor role.
A minor role it may be. It is nevertheless an important one. Chances have been given to him in the past by the court. Unfortunately, it seems to me that he did not treasure them.
There are no sentencing guidelines for trafficking in ketamine beyond 1 kilogram. However, valuable guidance has been given by Mr Justice Yeung in the case of HKSAR v Sin Chung Kin and Hon Tse On CACC458/2011. In that case, it was said that the sentence for trafficking in 2 to 3 kilograms would be 18 to 20 years. For a quantity beyond 3 kilograms, the starting point can exceed 20 years.
In that case, the quantity involved is 5.12 kilograms of ketamine and 18.8 grammes of cocaine. An overall starting point of 22 years was found not to be excessive.
Given the amount of ketamine in this case is 4.72 kilograms, I am of the view that the appropriate starting point is one of 21 years’ imprisonment.
Apart from the defendant’s plea, I do not see any other mitigating factors which justify further reduction.
As such, the defendant is sentenced to 14 years’ imprisonment.