COURT: The defendant pleads 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.
The defendant was seen picking up a red carrier bag from bushes behind the tree near a pavement. He dropped the bag and tried to barge on the approach and announcement of identity of the police officers. He was subdued and the bag was searched and it was found to contain a packet of drugs.
He admitted that he helped someone to carry the “K chai” and asked for a chance. He said that he was promised a reward of $350 but he was not yet paid.
Upon analysis, the drugs were found to be 0.24 kilogramme of a solid which contained 0.19 kilogramme of ketamine. The estimated street retail value was in the region of HK$29,000.
By way of mitigation I am told that the defendant is aged 24. He is single and has no previous record. He resides with his parents and worked as a driver prior to his present arrest. It is said that he wanted to make some quick money for his wedding and committed the present offence.
Counsel on his behalf urges this court to pass a lenient sentence on this defendant and the defendant promises to make good use of the time during his incarceration to further his studies and prepares to turn over a new leaf upon his release from prison.
In sentencing this defendant, I have taken into account the nature of the offence, the drugs involved, and the sentencing tariff, as well as mitigation advanced by counsel. I have also perused mitigation letters written by the defendant, by his parents, his employer and the YWCA.
For trafficking in ketamine weighing between 50 to 300 grammes, a starting point of 6 to 9 years is to be adopted. The present case involved narcotics of 190 grammes. I adopt a starting point of 90 months and give the defendant a full one-third discount for his plea of guilty.
He is sentenced to 60 months’ imprisonment, that is, 5 years’ imprisonment.