COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug contrary to section (4) of the Dangerous Drugs Ordinance.
On the material day, the defendant was intercepted by a police officer after getting off from his motorcycle. In the bag that the defendant carried at the time, police officer found 2.3 grammes of methamphetamine “Ice”, and 6.55 grammes of cocaine.
A search of the defendant’s motorcycle resulted in the seizure of 9.81 grammes of “Ice”, 15.44 grammes of ketamine and 119.49 grammes of herbal cannabis.
Under caution, the defendant admitted that he acted as a courier. Had the delivery become successful he would receive $800.
The street value of all the drugs seized was estimated to be, approximately, HK$35,000.
The defendant is 42 and has five criminal records, two related to possession of dangerous drugs. The only mitigation in this case is the defendant’s plea.
Guidelines on sentencing are clear. In the present case “Ice” attracts the highest sentence. As such, I use that as the basis in calculating the sentence. Starting point for trafficking in 12 grammes of “Ice” is one of 7 years’ imprisonment.
It was submitted by Mr Boey that assuming cocaine and ketamine had the same potency and/or toxicity as “Ice”, then the total amount of “Ice” that the defendant purported to traffic on that particular day would be 34.1 grammes, and that would attract a starting point of 8 years and 3 months. However, given the fact that ketamine accounted for approximately half of the total drugs seized, Mr Boey submitted that a meaningful reduction should be given.
I agree.
In my view, given the total amount of drugs seized that day, that is including the amount of herbal cannabis as well, the appropriate starting point in this case should be set at 8 years’ imprisonment. Given the defendant’s plea, he is hereby sentenced to 64 months - that is 5 years and 4 months’ imprisonment.