CRIMINAL CASE NO. 438 OF 2010
COURT: Defendant, you have pleaded guilty to the two charges on the indictment of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134, Laws of Hong Kong: the 1st being a charge of trafficking in 500.67 grammes of a powder containing 361.88 grammes of ketamine; the 2nd, a charge of trafficking in 216.78 grammes of a powder containing 154.32 grammes of ketamine.
The Summary of Facts, which you have agreed, are straightforward and establish that in the early afternoon of 9 July of last year, officers from the Narcotics Bureau intercepted yourself and two other young men in a car at the junction of Ho Lei Pui Street and Sui Fung Lane, Shatin, when the drugs, being the subject matter of Count 1, were found under the driver’s seat. You at the time were sitting in the driver’s seat. Under caution you admitted that the drugs belonged to someone called Ah Shing and you were delivering them for a reward of $500.
In a subsequent search of your home in Tai Po, inside a Nike sports bag, the drugs, being the subject matter of Count 2, were found in 16 separate packets, together with drug‑trafficking paraphernalia in the form of resealable plastic bags and electronic scales. You told the police that the K Chai belonged to yourself.
Now, in sentencing you, I do of course take account of the fact that it was, as a result of information provided by yourself, that the drugs, being the subject matter of Count 2, were discovered at your home.
You are 23 years of age and, apart from an offence of theft committed whilst you were a juvenile and which I will ignore for sentencing purposes, you are of hitherto clear record. You have shown remorse by pleading guilty at the earliest opportunity to these two offences and I do give you credit for that.
The guidelines for sentencing with regard to trafficking in ketamine are to be found in Secretary for Justice v Hii Siew Cheng [2008] HKCA 200. With regard to Count 1, this court is dealing with a total narcotic content of 361.88 grammes. Accordingly, I adopt a starting point of 9½ years’ imprisonment with regard to Count 1. I will discount this by one-third to take account of your plea of guilty, coming to 6 years 4 months’ imprisonment on Count 1.
With regard to Count 2, I adopt a starting point of 7 years’ imprisonment. I will similarly discount this by one-third to take account of your plea of guilty, coming to 4 years 8 months’ imprisonment in respect of Count 2.
Due to the question of totality of sentence, I order 1 year of the 4 years 8 months in respect of Count 2 to run consecutively to the term of 6 years 4 months on Count 1, arriving at a total sentence of 7 years 4 months’ imprisonment in all.