Defendant, you have pleaded guilty to an offence of trafficking in a dangerous drug. You have admitted that on 31 July 2013 outside Phase 2 Shopping Centre, Tsuen Wan Centre, at Tsuen King Circuit, Tsuen Wan, you unlawfully trafficked in 0.73 kilogrammes of a powder containing 0.57 kilogrammes of ketamine.
On the day in question, just before 7.00 pm you were intercepted by police officers. Inside a plastic bag you were carrying were the drugs contained in three separate transparent plastic bags. You have admitted that the drugs in the bag was “K” or dangerous drugs and that you were asked by Ah Kin to collect these drugs from a flower bed in Kingwood Ginza Plaza and then to deliver them to someone in Tsuen Wan Centre. You would be given $1,000 should the collection be successful.
Upon arrest, you told the officers that you were jobless, your parents are almost 70 years old and as you intended to earn money you resorted to delivering drugs for others, “Please give me a chance.”
The drugs in question had an estimated retail value of $88,330.
Mr Sammy Ho, your counsel, has mitigated fully and thoroughly on your behalf. I have taken into consideration what he has had to say and also have had regard to the letters that you have written as well as the letters by your family members and your godfather.
You are 36 years of age and have eight previous convictions. Two are related to drugs being that of possession of dangerous drugs convictions in 1995 when you were sentenced to probation, and in 1996 when you were fined $1,500.
You are presently under a suspended sentence imposed upon you on 25 October 2011 for an offence of dealing with goods to which dutiable commodities applies for which you were given 3 months’ imprisonment suspended for 36 months, and fine $20,000. That suspended sentence is therefore active. You have committed this offence during that period of suspension.
As you are well aware, this offence is a very, very serious offence. As Mr Ho has stated, it falls within the bracket (e) of the case of Hii Siew Cheng, that is, between the amounts of 300 to 600 grammes of ketamine the tariff is one between 9 to 12 years’ imprisonment, after trial. Quite correctly, you have said this was a very stupid mistake to make, to make quick money. This is a very large amount of drugs to which you will be serving a lengthy term of imprisonment as a result.
Certainly, I am sympathetic to you in that you have elderly parents who are here in court today supporting you as well as your whole family. You may have committed this offence to provide moresupport to your family but by doing this you have put yourself in a position that you are unable to support them at all.
Defendant, you had, as I mentioned, a large amount of drugs, an amount of 570 grammes.
Had you been convicted after trial I would have imposed a sentence of 11 years and 6 months’ imprisonment. Your strongest mitigating factor is of course your plea of guilty and for that you will receive a one-third discount. That sentence will therefore be reduced to one of 7 years 8 months’ imprisonment to which you shall so serve.
As I mentioned earlier you have committed this offence whilst you were under a suspended sentence in the other case, Tsuen Wan Case 2558/2011. I see no exceptional circumstances not to activate that sentence, it shall therefore be activated and this sentence shall be served consecutive to the 3 months which makes it a total term of imprisonment of 7 years and 11 months’ imprisonment.