COURT: The defendant pleaded guilty to one count of trafficking in a dangerous drug and one count of possession of a dangerous drug.
On the material day, the defendant was intercepted by a police officer at a park. A search of one paper bag carried by the defendant resulted in the seizure, among other, of 0.38 kilogram of ketamine.
Under caution, the defendant admitted that he was at the time delivering the ketamine for a friend. He would be rewarded with $500 if the delivery was successful.
The street value of the ketamine was estimated to be just over HK$60,000. In addition to the ketamine, police also found 0.41 grammes of methamphetamine, i.e, “Ice”, put inside a cigarette pack the defendant carried at the time. According to the defendant, this was for his own consumption. He was charged for possession of this small amount of “Ice”.
The defendant is 18 and came from a broken family. He only managed to complete his Form 2 study. After leaving school, similar to many other youngsters who without any academic qualification and vocation skill, he soon fell into the hands of triads. Not long he was offered this “job”.
It was urged upon me by Miss Lo not to pass a crushing sentence in view of the defendant’s young age.
Miss Lo also urged me to pass a lenient sentence so as to allow the defendant to turn a new leaf. In the course of her mitigation, she also placed before me mitigating letters from both the defendant and his mother. Naturally, the mother asked for leniency from this court.
However, guidelines on sentencing are clear. The defendant acted as a courier for drug syndicate. It would give out a false signal to the syndicate if he were to be sentenced lightly or leniently. And, as a result, more youngsters would be recruited into this dirty trade.
The starting point for trafficking in 0.38 kilogram of ketamine is one of 9 years and 9 months imprisonment.
The only mitigation in this case is the defendant’s plea of guilty. As such, the defendant is sentenced to 6-and-a-half years’ imprisonment for the 1st count. In respect of the 2nd count, the amount of “Ice” is small and the defendant is only charged with possession. I believe the appropriate starting point is one of 9 months’ imprisonment. Because of the defendant’s plea, his sentence is, therefore, reduced to 6 months.
Assuming the defendant was charged for trafficking in this minute amount of “Ice”, the overall sentence in this case would not be much different. In view of his young age and those matters that I just mentioned, I therefore order that the two sentences are to run concurrently to each other.
In conclusion, the defendant is sentenced to a total of 6‑and‑a-half years.