COURT: Stand up please, defendant.
The defendant has pleaded guilty to one count of trafficking in a dangerous drug before a magistrate, and was committed for sentence.
On 27 February 2014, the defendant was stopped and arrested by police officers outside Kwai Dao Building, Tai Loong Street, Kwai Chung at around 6.55 pm.
It was found in a recycle bag he was carrying three purported iPhone boxes and upon opening the boxes, packets of white powdery substances were found in each of the boxes. It was later on found out that the white powdery substance was a mixture of ketamine.
Under caution, the defendant said, “I only intended to sell the dangerous drugs to earn some money.”
The total quantity of the ketamine contained in these three boxes is 0.72 kilogramme of a powder containing 0.57 kilogramme of ketamine. The street value of the ketamine amounts to HK$83,520.
In the cautioned video-recorded interview of the defendant, he admitted that some days before the day of his arrest, he was asked by a male at an amusement game centre to transport drugs for him for a reward of HK$3,000. The male gave him a mobile phone and asked him to wait for his instructions. On the next day, the male called him and instructed him to collect the drugs on 27 February at around 6 pm outside Kwai Dao Building. On 27 February, he went to Kwai Dao Building as instructed, and collected the drugs.
The defendant is now 17 years old, and at the time of the offence, he was just 16. He has a clear record. He received education up to Form 5 level, and was working as a waiter before his arrest. He has an income of around HK$5,000 to HK$6,000 per month. He was living together with his family in Mei Foo Sun Tsuen, including his elder sister, mother and grandparents. He has written a note to the court and expressed that he feels sorry to cause trouble to his family, and he now realises how much they care about him. He is now very remorseful.
After his plea of guilty, the defendant indicated his willingness to provide assistance to the Department of Justice on the prosecution of a defendant, Wong Hei-chit, in the other case HCCC 298/2014. Wong was the person who delivered the three boxes of ketamine to the defendant. As a result, the sentence of the defendant was adjourned pending outcome of the trial of HCCC 298/2014.
The trial was heard before me, and Wong was convicted unanimously by a jury. The defendant did testify in that case giving evidence amongst other things relating to the identity of Wong. In respect of the charge concerning the three boxes of ketamine, I adopted a starting point of 11 and a half years’ imprisonment in sentencing Wong.
The quantity of ketamine involved in this case is 0.57 kilogrammes. In S for J v Hii Siew Cheng [2009] 1 HKLRD 1, the Court of Appeal laid down the sentencing tariff for trafficking in ketamine. For trafficking in ketamine in the quantity of 300 grammes to 600 grammes, the starting point of sentence should be 9 to 12 years’ imprisonment. I should follow this tariff in sentencing the defendant, and in my view, the same starting point of 11 and a half years’ imprisonment should be adopted.
Although at the trial of HCCC 298/2014, the identity of Wong was not in dispute, it would, however, unlikely be the same case should the defendant not agree to testify against him. I am of the view that the defendant did provide useful assistance to the prosecution, and for this, the defendant should be entitled to the full usual 50 per cent discount on his sentence, and I cite HKSAR v Chui Tak Man [2014] 4 HKLRD 663. Such discount shall include the reduction on sentence for his plea of guilty.
Apart from his plea of guilty and the assistance he rendered, I can see no other mitigating factor. I note the young age of the defendant, but the court has voiced out times and again that this shall not be a valid mitigating factor, as otherwise, it will encourage drug traffickers to exploit more young people.
Giving 50 per cent discount to the starting point, the defendant is sentenced to 5 years and 9 months’ imprisonment.