COURT: The defendant pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section (4)(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. He was intercepted when coming out of a unit.
A search of the premises was conducted. The defendant admitted that there was ketamine in the flat. Inside a bucket placed in the kitchen a number of packets of drugs were found. Further, an electronic scale, and some empty re-sealable transparent plastic bags and a metal spoon were found in the living room.
He admitted that he intended to sell the drugs in return for money, and it had nothing to do with his father.
Upon analysis the drugs were found to be 660 grammes of a powder containing 220 grammes of ketamine.
The retail value of the ketamine, according to the prosecution, was in the region of $HK79,000, whilst the defendant says it should be around $27,000.
By way of mitigation, I am told that the defendant is aged 38. He has been married once, but the marriage dissolved some 10 years ago.
He has six previous convictions, four of them related to dangerous drugs. All of those are possession of dangerous drugs. His last conviction was in August 2006 for a possession of dangerous drugs charge. He was sentenced to the DATC and discharged on 27 December that year.
It is advanced on his behalf that after his last incarceration he had decided to turn over a new leaf after his discharge, but the eventual downfall of his business that he had engaged in led him to the taking of drugs again. And the present offence was committed because of financial reasons, and also with a view to feed his own addiction.
Counsel urges me to take into account his guilty plea, cooperation with the police, and the lack of aggravating features in present case.
In sentencing the defendant, I have taken into account the nature of the offence, the kind of drugs involved and the sentencing tariff, as well as mitigation advanced by counsel and those contained in the defendant’s handwritten letter.
For trafficking in ketamine weighing between 50 to 300 grammes, a starting point of six to nine years is to be adopted.
Taking into account the amount of drugs involved in the present case, I adopt a starting point of eight years’ imprisonment.
The defendant is entitled to a one-third discount for his plea of guilty. He is sentenced to five years and four months’ imprisonment.