The defendant has pleaded guilty to one count of trafficking in a dangerous drug contrary to section 4 of the Dangerous Drugs Ordinance, Cap 134.
On the material date the defendant was intercepted by police officers for speeding at 170 kilometres per hour. He was travelling along San Tin Highway at the time. When his car was finally stopped, a plastic bag containing 200 grammes of ketamine was found on the floor of the driver’s seat. After his car being stopped, the defendant put up strong resistance but was finally subdued. The street value is estimated at approximately HK$31,000.
The defendant is 25 and employed as a construction worker in his father’s engineering firm. He has a number of previous criminal convictions, two related to dangerous drugs. Chances have been given in the past but it seems that the defendant did not treasure any of them.
Mitigation letters from parents and siblings have been submitted. Naturally, they ask for leniency on his behalf. I understand their request but personal circumstances count very little in cases of such a serious nature.
Guidelines on sentencing are clear. The starting point for trafficking in 50 to 300 grammes of ketamine is one of 6 to 9 years’ imprisonment.
Given the defendant’s past dangerous drug record, I am of the view that the appropriate starting point in this particular case should be set at 8 years.
The only mitigation in this case is the defendant’s plea, albeit at a very late moment. Nevertheless, the usual one‑third discount will be given for his plea.
In conclusion, the defendant is sentenced to 5 years and 4 months’ imprisonment.