CRIMINAL CASE NO. 385 OF 2012
COURT: The defendant pleads guilty to one count of trafficking in a dangerous drug involving 210 grammes of ketamine.
At about 4.53 am on 3 May this year, police officers intercepted the defendant outside the public toilet at Yeung Siu Hang, Yeung King Road, Tuen Mun. The defendant was carrying a paper bag. Police officers found in it 18 plastic bags containing ketamine.
The defendant admitted under caution that he sold the drug to earn money as he was in financial difficulties. His wife was pregnant.
According to police statistics, the value of the drug in question was about $28,000.
The defendant is 25, married with a four-month-old daughter. He has three previous convictions. He was sentenced to DATC in year 2009 for possession of dangerous drugs. He received education up to Form 1. He was a sales representative.
His wife suffers from post-partum depression and needs medical care. She submitted a letter revealing her desperate situation. She pleaded leniency for the defendant.
His family members and employer pointed out that the defendant was obedient and hardworking. They urged this court to give him a chance. Reverend Chang of New Life Association pointed out in his letter that the defendant understood the serious nature of the offence and regretted very much for his act.
The defendant explains that he committed the offence because of financial pressure. He is very remorseful. While the defendant may be under family and financial pressure, these are not strong mitigating factors. Trafficking is a serious offence and a deterrent sentence is warranted.
Giving his addiction history, the defendant should be aware of the outcome of his criminal conduct.
For the 210 grammes of ketamine, according to the tariff set out in Secretary for Justice v Hii Siew Cheng ([2009] 1 HKLRD 1), the starting point should be 7 years and 11 months’ imprisonment. I deduct 2 years and 8 months for his plea.
I sentence him to 5 years and 3 months’ imprisonment.