CRIMINAL CASE NO. 166 OF 2012
The 1st count involves 72.19 grammes of ketamine and 4.11 grammes of cocaine.
The 2nd count involves 106.48 grammes of ketamine, 9.58 grammes of cocaine, and 3.02 grammes of nimetazepam - 780 tablets.
At about 3.42 pm on 2 September, year 2011, police officers observed that the defendant left a premises at No. 188 Hang Mei Tsuen. He then went to a nearby premises at the 1st Floor, No. 133A, Hang Mei Tsuen. 28 minutes later, when the defendant left No. 133A, he was intercepted.
An officer searched and found from him the dangerous drugs as set out in the 1st count.
He was taken back to No. 133A, and the drugs in the 2nd count were found at various locations in the premises. There were also a pair of gloves, three electronic scales, and two piles of plastic bags. There were traces of ketamine and cocaine on one of the scales.
The total market value of the drugs was about $96,000.
The defendant is 23. He migrated to Hong Kong from China in year 2002. He has two previous convictions. He received education up to Form 1. He is single, and resides at No. 188 Hang Mei Tsuen. He had worked as a transportation worker, decoration apprentice, and delivery worker. He was unemployed for six months before this incident. He committed this offence for quick money. However, he was co‑operative after the arrest.
In relation to the 1st count, for the 72.19 grammes of ketamine, according to SJ v Hii Siew Cheng [2009] 1 HKLRD 1, the starting point should be 6 years and 3 months’ imprisonment.
For the 4.11 grammes of cocaine, according to Lau Tak Ming [1990] 2 HKLR 370, the starting point should be 3 years and 2 months’ imprisonment.
I adopt the approach in HKSAR v Wong Kin Kau CACC269/2009 for sentencing, as there are two kinds of drugs.
In arriving at the combined starting point, I have considered the following:
(a) trafficking in 72.19 grammes of ketamine warrants an imprisonment of 6 years and 3 months;
(b) trafficking in 4.11 grammes of cocaine would be roughly equivalent to the criminality of trafficking in 5 grammes of ketamine.
(c) I add this notional 5 grammes to the 72.19 grammes of ketamine. The total is 77.19 grammes of ketamine.
(d) The defendant is sentenced on the basis of trafficking this equivalent amount of ketamine.
(e) For 77.19 grammes of ketamine, the sentence should be 6 years and 4 months’ imprisonment.
(f) Given the circumstances in this case, I will not enhance the starting point further for mixing the two drugs to increase potency.
Having considered the quantity of drugs and the mitigation, I take 6 years and 4 months as the combined starting point for the 1st count. I deduct 2 years and 1 month for his plea.
I sentence the defendant to 4 years and 3 months’ imprisonment for the 1st count.
For the 2nd count, the 106.48 grammes of ketamine should attract a starting point of 6 years and 8 months’ imprisonment. The 9.58 grammes of cocaine should attract a starting point of 4 years and 11 months’ imprisonment. For the 3.02 grammes of nimetazepam, I take a starting point of 2 months’ imprisonment.
The criminality of trafficking in 9.5 grammes of cocaine is equivalent to about 28 grammes of ketamine. Adopting the approach as set out in Wong Kin Kau, having considered the amount of different drugs, I take the combined starting point of 7 years for the 2nd count. I deduct 2 years and 4 months for his plea.
I sentence the defendant to 4 years and 8 months’ imprisonment for the 2nd count.
In view of the totality principle, I order that 1 year of the sentence of the 2nd count to run consecutive to the sentence of the 1st count.
The defendant has to serve a total of 5 years and 3 months’ imprisonment.
I note the remorse and the co‑operative attitude of the defendant. I further deduct 6 months from the total sentence.
The defendant has to serve a total of 4 years and 9 months’ imprisonment.