COURT: The defendant, So Ka-wai, pleaded guilty to one count of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134, before a magistrate and was committed to the Court of First Instance of the High Court for sentence.
Summary of Facts Admitted by the Defendant
On the day in question, the police mounted an anti-narcotics operation at a flat in an industrial building in Kwai Chung. I will call that “the Premises”. The defendant was seen leaving the Premises and took a lift down.
The defendant was then intercepted and brought back upstairs to the Premises after a body search. From the body search, a bunch of keys and two mobile phones were found. The Premises was searched on the strength of a search warrant. The following items were found inside the Premises.
Inside a room, 42 transparent plastic bags containing a total of 8,690 grammes of a solid containing 7,480 grammes of ketamine. A metal tray containing 0.01 grammes of a solid containing ketamine and 337 grammes of a powder containing 280 grammes of ketamine. A metal tray containing 0.09 grammes of a solid containing ketamine. A glass tray containing 0.09 grammes of a solid containing ketamine and 73.1 grammes of a powder containing 62.4 grammes of ketamine. An electronic scale, a pair of scissors, a metal spoon containing traces of a solid containing ketamine. Three pairs of gloves, a heat sealer, a transparent resealable plastic bag containing 0.91 grammes of a powder containing 0.76 grammes of ketamine. A transparent resealable plastic bag containing 0.56 grammes of a solid containing 0.47 grammes of deschloro-N-ethyl-ketamine, “DNEK”. Some paper bags and a large amount of transparent resealable plastic bags. 51 carton boxes containing a total of 306 cans of body cream containing a total of 306 packets containing a total of 52,050 grammes of a solid containing 44,349 grammes of ketamine, meaning one packet each of ketamine in each can of body cream.
51 carton boxes containing a total of 306 cans of body cream containing a total of 306 packets containing a total of 52,050 grammes of a solid containing 44,349 grammes of ketamine, meaning one packet each of ketamine in each can of body cream.
A carton containing 6 cans of body cream, each containing four packets containing a total of 619 grammes of a solid containing 515 grammes of ketamine. Two black plastic bags containing a number of empty body cream cans. Then inside the living room, 18 metal trays containing a total of 22.61 grammes of a solid containing 18.92 grammes of ketamine. 7 glass trays containing a total of 13.34 grammes of a solid containing 11.35 grammes of ketamine. 7 metal basin containing a total of 10.92 grammes of a solid containing 9.10 grammes of ketamine. 1 metal ladle containing 0.08 grammes of a solid containing ketamine. And 2 plastic scraper containing a total of 0.01 grammes of a solid containing ketamine.
The defendant was arrested. Under caution, the defendant admitted to have helped someone to collect those 5 pallets of ketamine in return for $30,000. He would receive $2,000 per kilogramme for subsequent taking or conveying. That was the first time he did so.
Cautioned record of interview was conducted with the defendant. The defendant stated the following:
A friend he came to know in prison called ‘Mau Chai’, asked him if he was interested in collecting dangerous drug and placing it in a warehouse for $30,000. The defendant agreed as he was in need of money. Mau Chai then took the defendant to buy a Samsung mobile phone and a pre-paid SIM card for contact with Mao Chai. The defendant was told that Mau Chai would call him via that phone whenever there was a job available. Mau Chai then instructed the defendant to go to the ground floor of the industrial building in question to collect five pallets of goods and to convey them to the Premises. The defendant gained entry to the Premises by using the key hidden at the top of the gate and password given by Mau Chai.
The five pellets contained many boxes. Each box contains 6 cans of body cream and one packet of Ketamine was concealed in each can. The defendant will receive $30,000 for collecting the ketamine concealed in the five pellets and he will receive $2,000 for each kilogramme of ketamine he delivered. The defendant unpacked the goods and retrieved about 2 kilogrammes of ketamine.
Mau Chai instructed the defendant to weigh and separate the ketamine into packets of 250 grammes each. The defendant then left the Premises. Later, Mau Chai instructed the defendant to make delivery of the ketamine, so he went to the Premises to wait for instructions. He was arrested by the police when he went downstairs to buy food.
The estimated market value of the ketamine involved, that is 52,727 grammes, was HK$41,602,949.
Background and Mitigation
According to the antecedent statement, the defendant was born in 1982 and is now 42 years of age. His eight previous convictions, five of them were for possession of dangerous drugs. He was educated up to Form 4 level and had worked as a transportation worker. The defendant is single and lived with his parents prior to the arrest.
Mr Albert Cheung, counsel for the defendant, gave more detail of the defendant's background to this court. The defendant was a self-employed transportation worker earning around HK$15,000 a month. He was involved in an accident when his left hand was crushed by a lift in an industrial building, crushing several bones. The defendant was not entitled to workman's compensation and he could not work to make ends meet. The defendant therefore committed the present offence out of foolishness and financial desperation. I was provided the original copy of the X-ray report on the defendant, which shows that his index finger was fractured with mild angulation.
Counsel refer this Court to various cases, including Hii Siew Cheng, Chan Ka Yin and Sin Chung Kin in ration to their extended increase of a person traffic more than 1 kilogram of ketamine. And of course the defendant had tendered a timely plea as well.
Consideration for the Sentence
Trafficking in a dangerous drug is a serious offence. A person convicted on indictment of this offence is liable to a fine of $5 million and to imprisonment for life. I will adopt the six steps approach in the case of Herry Jane Yusuph.
The first step is the quantity of drugs involved. The quantity of ketamine involved is 52,727 grammes. According to the case of Hii Siew Cheng, trafficking over 1 kiogramme of ketamine, attracts a starting point of at least 14 years.
In the case of Chan Ka Yin, the Court of Appeal confirmed the approach in the case of Sin Chung Kin. For the trafficking of over 3,000 grammes, the starting point can exceed 20 years.
The second step is the role played by the defendant. The defendant acted as a packer and a courier. So his role is still important, but nowhere near that of a mastermind or organiser.
Now, the third step. Having considered the circumstances of the offence and the defendant's role, I am of the view that a notional after-trial starting point of 22 years is appropriate.
Now the fourth step. Aggravating factors. The defendant is not a first offender. He has five previous convictions for possession of dangerous drug, but none for trafficking in dangerous drug. I will not enhance this starting point in view of his past record.
The fifth step is mitigating factor. The defendant pleaded guilty at the earliest available opportunity and is entitled to the full one-third discount.
Now the last step. I have to see whether the sentence is fair and just in all the circumstances. With the one-third discount, the sentence is 14 years and 8 months. I am of the view that it is fair and just. So for the offence of trafficking in a dangerous drug, the defendant is sentenced to 14 years and 8 months’ imprisonment.