CRIMINAL CASE NO. 346 OF 2012
COURT: The defendant was, at the time of his arrest, 36 years old, and he pleaded guilty in the Magistrates’ Court to this charge of trafficking in a powder containing 210 grammes of ketamine.
On his arrest on 4 April this year and after drugs had been found in his shoulder bag, he said that it was the first time he had trafficked in drugs and that someone known to him only as “Ah Fai” had told him to wait for a telephone call. According to the defendant, he knew nothing more about “Ah Fai”, not even his telephone number, although “Ah Fai” of course had the defendant’s number.
The defendant admitted being a ketamine user, stating that he inhaled the drug through his nose. He gave no further information at that time about himself or his source of drugs.
I am bound to say that the mitigation in this case from Mr Leung has been exceptionally helpful, very informative, and I am able to say to the defendant that I propose to take a slightly lower starting point than I otherwise would have done on account of what I have heard.
The fact is that the defendant has done a lot to improve himself for present purposes whilst he has been in prison, and it will no doubt stand him in good stead when he is released.
Under the guidelines in the Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1, the tariff for between 50 and 300 grammes of ketamine is 6 to 9 years’ imprisonment.
I propose to take as a starting point, had this been a trial, of 7½ years.
Mr Choi, would you stand, please? You will receive full credit for your timely plea of guilty, and the sentence is one of 5 years’ imprisonment.