CRIMINAL CASE NO. 136 OF 2011
COURT: On 15 April 2011, the defendant, who is aged 21, pleaded guilty to both of the charges now before me, and he has confirmed those pleas today.
The offences were committed on 1 November 2010, just a few months after he had been released from a previous prison sentence for trafficking in ketamine.
The defendant was arrested in Argyle Street, Mong Kok, at about 10 past 9 in the evening, after he had been found in possession of a bag of powder containing just over 2 grammes of ketamine, which was the subject of the 1st charge.
Shortly afterwards, the defendant led the police to his home, which was nearby, where police were able to recover powder containing 144.16 grammes of ketamine, together with a quantity of resealable bags and an electronic scale.
Plainly, as the defendant has admitted, he was a ketamine trafficker, and he will have been well aware from his previous experience that there exists a set of guidelines for the sentencing in such a case. These are provided in Secretary for Justice v Hii Siew Cheng [2008] 3 HKC 323.
For the bracket of 50 to 300 grammes of ketamine, sentences should range from 6 to 9 years’ imprisonment. The guidelines are intended to deter people like the present defendant, but it seems there are some people who are never deterred from engaging in this dreadful trade.
In my judgment, a sentence of 7 years’ imprisonment would be called for after trial on the 2nd charge on the charge sheet. The small quantity in the 1st charge does not, in my view, affect the position.
Accordingly, and giving full credit for your timely plea, the sentence on Charge 2 will be one of 4 years and 8 months’ imprisonment. That is on the 2nd charge, and on the 1st, there will be a concurrent sentence of 4 months’ imprisonment.
So the total sentence on you is 4 years and 8 months.