CRIMINAL CASE NO. 43 OF 2011
COURT: The defendant pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.
He was intercepted by police officers after a chase, during which he dropped the bag that he was seen to be carrying. That bag was recovered and found to contain a total of some 45 plastic bags of drugs.
Under caution, the defendant admitted that he was delivering the “K chai” to someone else to earn some money.
The drugs, on later analysis, were found to contain 481.67 grammes of a powder containing 337.84 grammes of ketamine. The retail value of the drugs at the time of their seizure was estimated to be around the region of HK$57,000.
The defendant is now aged 19. He was born in Shenzhen and came to Hong Kong in 2001. He has got one previous record of assaulting a police officer in 2008. He was put on probation for 12 months.
By way of mitigation, I was told that he is a young man whose family has no regular income. Prior to his arrest he has made a contribution to his family when he was able to. Counsel told me that his remorse is genuine and complete, and he was spoken of fondly and highly by his primary teachers. Family support remained strong whilst he was on remand. Counsel also told me that the defendant has learned a bitter lesson from this isolated incident, as he himself has sustained injuries which cannot be said to be slight, and that the injuries might have a bearing on his future work categories when he is released from prison.
Nonetheless, I have been told that he has been exploring various ranges of studies to better equip himself for his future. Counsel urges me to pass a sentence as lenient as possible on this defendant.
In sentencing the defendant, I have taken into account the nature of the offence, the quantity of the drugs involved, and the sentencing tariff. I have also taken into account his guilty plea and mitigation forwarded by his counsel. I have also perused the written letter of the defendant’s primary school disciplinary master.
For ketamine trafficking between 300 to 600 grammes, a starting point between 9 to 12 years is to be adopted. Taking in all the circumstances of the present case, as well as the quantity of the drugs involved, I adopt a starting point of 9 years. The defendant is given the full one‑third discount for his guilty plea.
He is sentenced to 6 years’ imprisonment.