CRIMINAL CASE NO. 393 OF 2011
COURT: The defendant pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance.
On the material day the defendant, who was seen holding a yellow packet, was intercepted by police officers. Police found inside the yellow packet 380 grammes of ketamine. The defendant was then arrested and cautioned.
Apart from the dangerous drugs the police also seized 60 $500 bank notes and three mobile phones on board of his car. The retail value of the ketamine was estimated to be $53,700-odd.
The defendant has a number of previous drug-related convictions, in particular two similar trafficking convictions. So this is not the first time that he has committed the same offence.
In mitigation I am informed by Mr Kwan that the sole reason for the defendant to commit the present offence was to relieve his financial burden at the time. Unfortunately, this excuse or explanation is all too familiar.
Guidelines on sentencing are clear. Given the total quantity of the ketamine and the admission made on his behalf that only a tiny portion, no more than 30 grammes, of the drugs would be used for his own consumption, I am of the view that the appropriate starting point in this case is one of 9½ years’ imprisonment.
The defendant will be given the usual one-third discount for his plea. Other than that, I do not see any other circumstances which might further reduce the sentence.
In conclusion the defendant is sentenced to 6 years and 4 months’ imprisonment.