The Summary of Facts which you have agreed establish that on the day in question you were intercepted at the border control point. Your sling bag was searched and a transparent bag wrapped in newspaper was found to contain the drugs being the subject matter of the charge.
A man by the name of “Ah Lun” with whom you were acquainted offered to give you $1,000 as a reward for bringing these drugs to Sheung Shui. He gave you the bag at the Huanggang Check Point and the drugs, I am told, have an estimated retail value of some HK$111,860.
You are 29 years of age, have no criminal convictions in Hong Kong and are married to a lady who lives in Hong Kong. I am told by way of mitigation that at the time in question you came over to Hong Kong in an attempt to repair the poor relationship you had with your wife and at the same time you agreed to bring these drugs into Hong Kong for reward.
The sentencing guidelines for trafficking in ketamine can be found in the case of Secretary for Justice v Hii Siew Cheng [2008] HKCA 200 and for trafficking in quantities between 600 to 1,000 grammes, the appropriate starting point for sentence after trial falls between 12 to 14 years’ imprisonment.
In this case the court is dealing with 720 grammes of narcotic. Accordingly, I take 12½ years’ imprisonment as my starting point. I will enhance that starting point by 6 months coming to 13 years’ imprisonment to reflect the aggravating feature that exists and that you brought these drugs into Hong Kong from China thus giving rise to an international element.
I give you the full one-third discount in sentence to take account of your plea of guilty arriving at a sentence of 8 years 8 months’ imprisonment.