HKSAR v. FARRUKH LATIF

DCCC1148/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1148 OF 2009

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Reasons for Sentence

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1.  Farrukh Latif, you have been convicted on your own plea of trafficking in 51 tablets containing 6.82 grammes of ketamine and 8.38 grammes of a powder containing 5.37 grammes of ketamine. The total weight of the ketamine was, therefore, 12.19 grammes. The drugs were found in your possession when you were searched by the police in Wan Chai just before 10 pm on 21 July last year. The powder was contained in 10 plastic bags and concealed in your underpants.

2.  You have accepted, by your plea today, that you were trafficking in those drugs.  You claim that you intended to provide those drugs for guests at a party that you were going to host, but that some of those drugs would be for your own consumption.  As you will have been informed, I am sure, by Mr McGowan, the Court of Appeal has said that, save in exceptional circumstances, the normal starting point for those who traffic in between 10 and 50 grammes of ketamine is a sentence ranging between 4 and 6 years’ imprisonment.

3.  I have listened to all that Mr McGowan has said on your behalf.  I am prepared to reflect the fact that some of these drugs might have been for your own consumption by adopting a starting point at the bottom of the tariff band to which I have referred, namely 4 years' imprisonment. 

4.  The only real mitigation in your case is your plea of guilty today and the fact that this is your first drug conviction. Those factors entitle you to the usual discount of one-third. 

5.  I accordingly sentence you to 32 months' imprisonment, that is 2 years 8 months' imprisonment.