COURT: Defendant, you pleaded guilty to two charges of trafficking in dangerous drugs before a magistrate sitting at the Eastern Magistracy. As a result of your plea of guilty, you have been committed here to the Court of First Instance for sentence.
The 1st charge to which you pleaded guilty to was that you unlawfully trafficked in 4.15 grammes of a solid containing 3.35 grammes of ketamine and 2.42 grammes of a solid containing 0.19 grammes of cocaine.
The 2nd charge to which you pleaded guilty to was the unlawfully trafficking in the drugs, namely, 225 grammes of a solid containing 18.82 grammes of fluorodeschloroketamine and 168.60 grammes of ketamine, 78.67 grammes of a solid containing 64.84 grammes of ketamine and 0.31 grammes of a solid containing 0.02 grammes of cocaine.
These two offences you admitted were committed on 25 May 2020 at Room 904, Flat 909, 9th Floor, Hai Phong Mansion, in Nathan Road, Tsim Sha Tsui.
As regards the Summary of Facts which you admitted. On the evening of 25 May 2020 police officers mounted an anti-narcotics operation at the vicinity of Haiphong Road, Tsim Sha Tsui. They saw you entering into Hai Phong Mansion at about 6.30 pm, that is entering the ground floor. You were intercepted.
Upon search, a key card of 904 was found. Upon enquiry you told the officers that you were living at Room 904 of Flat 909 of Hai Phong Mansion. Officers then escorted you to the unit and accessed the unit using the key card found on you. A search was conducted on your body in the unit and inside your brassier and underpants the drugs in Charge 1 were found upon you. The ketamine was contained in six plastic bags and the cocaine was found in 13 plastic bags.
In your presence, a search was conducted at the unit and the drugs in Charge 2 were found. The drugs were packaged in a total of approximately 428 plastic bags and inside the unit was electronic scale and there was a further 1,690 empty resealable plastic bags.
As admitted in the Summary of Facts, the aggregate amount of drugs found inside the unit was 233.44 grammes of ketamine, 18.82 grammes of fluorodeschloroketamine and 0.02 grammes of cocaine.
After your arrest and caution, you admitted that the ketamine and cocaine found on you were for your self-consumption. Regarding the drugs found in the unit, you admitted under caution that you intended to sell the drugs as you were in need of money.
In a further subsequent video-recorded interview, under caution you refused to say anything about the drugs found on your person and regarding the dangerous drugs found inside the unit, under caution you said that you were in need of money and the money was for your mother.
In respect of the estimated street value of the ketamine and cocaine in May 2020, as regards the amount as stated in the 1st charge they were $4,558 to $6,121 in total. In the 2nd charge, the estimated value of the ketamine and cocaine was about between $153,514 to $153,714.
The Narcotics Bureau has kept no record of the average retail price for fluorodeschloroketamine.
You now admit and accept that you were knowingly in possession of the drugs in Charges 1 and 2 for the purpose of unlawful trafficking.
Defendant, you are now 21 years of age. You were born in Hong Kong. You have a clear record, meaning you no previous criminal record. You have been educated up to Form 6. At the time of commission of this offence you were unemployed. You are not a drug addict and have general good health. You are single and live alone at the stated premises.
I have heard detail mitigation from your counsel Mr Jasper Kwan and I have also read the letters in support of your mitigation and seen the certificates produced. There is a letter written by yourself, your mother, stepfather, your step uncle and your past classmates.
At the time of this offence you were 19 almost turning 20. I am informed that after you left school you were gainfully employed. In 2018 you moved out of home to live an independent life. You had a secure job as a restaurant worker, but in 2019 you lost your job and found yourself in financial difficulties. You then mixed with bad peers and as a result of that and your financial difficulties you committed this offence.
You have said in your letter to me that you realise that you have to face the sentence and serve a long period of imprisonment. You are remorseful and feel shameful for your misdeeds. You committed this offence as you tried to assist your mother who was a single hard working mother and foolishly came under your peer influence.
You mother and stepfather speak highly of you. They said you are close to them. They explained as a result, of your bad peers you committed this offence. Your schoolmates also speak highly of you and say that you are in fact the last person they expected to commit any offence.
As you well know, trafficking is a very serious offence indeed. Whenever you can earn quick fast money, you know that there is something wrong and it is more than likely you are committing an offence.
You were trafficking in ketamine and cocaine. You have been charged in two separate charges, I will sentence you on the combined approach and convert the ketamine to cocaine. The cocaine being the most serious drug although of less quantity. The relevant guideline cases for trafficking in dangerous drugs for ketamine is that of Hii Siew Cheng [2009] 1 HKLRD 1, and the sentencing guideline for cocaine is Lau Tak Ming [1990] 2 HKLR 370.
For Charge 1, you had been trafficking in the amount of 3.35 grammes of ketamine. According to the guidelines in Hii Siew Cheng between 1 and 10 grammes, if you had been sentenced after trial, a sentence of 2 to 4 years’ imprisonment would be appropriate. The appropriate sentence for that amount of ketamine would be 2 years 6 months. In converting that amount to cocaine that would be approximately 2 grammes of cocaine. In Lau Tak Ming, the guidelines for up to 10 grammes of cocaine a starting point of between 2 and 5 years’ imprisonment is appropriate after trial. You were trafficking in 0.19 grammes which would attract a sentence of 2 years. I add 0.19 grammes to the 2 grammes which is converted from ketamine, which makes a total of 2.19 grammes of cocaine. Following the guidelines in Lau Tak Ming, I would have taken a sentence of 2 years 6 month’s imprisonment as a starting point.
I give you a full credit for your plea of guilty. There are no aggravating factors in this case. The amount of cocaine is very small. There are no other mitigating factors save your early plea of guilty. In the circumstances, you will get a one-third discount and the sentence for Charge 1 is one of 1 year and 8 months’ imprisonment.
For Charge 2, you were trafficking in a total of 233.44 grammes of ketamine and 18.82 grammes of fluorodeschloroketamine, and this is to be taken as ketamine. Therefore the total amount of ketamine is 252.62 grammes of ketamine. Following the guidelines in Hii Siew Cheng, that would fall between the 50 and 300 grammes bracket which would receive a term of 6 to 9 years’ imprisonment after trial. Taking this amount of ketamine, you will be sentenced to 8 years 3 months had you been convicted after trial. In converting that amount of ketamine to cocaine the amount would be 66 grammes, and if I add 0.02 grammes of cocaine that will make 66.02 grammes. 66.02 grammes following Lau Tak Ming would attract a sentence of 8 years and 3 months’ imprisonment. Again, there are no aggravating factors. The amount of cocaine was very small and there are no mitigating factors save and except your early plea of guilty. In the circumstances, there will be a one-third discount from 8 years 3 months’ imprisonment. On Charge 2, you should serve 5 years and 6 months’ imprisonment.
The total amount of cocaine in this case is 68.21 grammes of cocaine, that is the total amount in Charges 1 and 2. For that amount of cocaine that would still equate to the starting point of 8 years and 3 months’ imprisonment had you been convicted after trial. I therefore order the sentences in Charges 1 and 2 to run concurrent to each other making a total term which you shall serve be of 5 years and 6 months’ imprisonment.