CRIMINAL CASE NO. 184 OF 2012
COURT: Defendant, you were convicted upon your guilty plea of one count of trafficking in dangerous drugs.
In sentencing, I have considered the whole circumstances of the case, including its nature and facts, in particular the type and quantity of the dangerous drug involved, your background, and mitigation put forward on your behalf.
The facts of the case are simple. On 14 February this year, you were intercepted by Customs officers at the Lok Ma Chau Border Control Point. Inside the paper bag you were carrying, three plastic Zip lock bags containing suspected dangerous drugs were found.
Upon being arrested, under caution, you said the white powder inside the bag was “K-Chai” and you had been asked by a man to bring the drugs from Shenzhen to Hong Kong for a reward of $3,000, which you had already received.
The suspected dangerous drug was later confirmed to be 0.98 kilogram of powder containing 0.84 kilogram of ketamine.
I was told that you are now 29 years of age. You are single and have received lower secondary education. At the time of arrest you were a transportation worker, living with your foster parents. I was told that you made consistent financial contribution to your family.
You are a first-time offender. Your counsel urged me to take into account that you had assisted your foster parents, who had much contribution in voluntary service with children.
Letters from your family and a social worker have been produced. They ask for leniency on your behalf.
The dangerous drug you trafficked in was ketamine. The total narcotic content was 0.84 kilogram.
The Court of Appeal suggested in the case SJ v Hii Siew Cheng [2009] 1 HKLRD 1 that a sentence of 12 to 14 years’ imprisonment should be considered for trafficking in ketamine if the narcotic content is 600 to 1,000 grammes. In all the circumstances, I do not find there are good grounds to depart from the tariff.
I have to take into account the fact that you brought the dangerous drug into Hong Kong. For this reason, the starting point will be enhanced by 9 months.
In all the circumstances, in my judgment, a starting point of 13½ years is appropriate and sufficient for the present case. You are entitled to a one-third discount for your guilty plea. Having heard what your counsel told me, and having regard to the special circumstances on the papers, I am prepared to give you a further discount of 6 months.
By reason of the matters aforesaid, I sentence you to an imprisonment term of 8½ years.