CRIMINAL CASE NO. 133 OF 2011
COURT: Chan Chi-kwok, you have pleaded guilty to one count of trafficking in 297.48 grammes of a powder containing 247.80 grammes of ketamine. You have also pleaded guilty to one count of possession of 0.9 grammes of a crystalline solid containing 0.89 grammes of methamphetamine hydrochloride and 3.30 grammes of a powder containing 2.69 grammes of ketamine.
Both offences came to light when the police executed a search warrant at your home at Room 314, Fung Shue House, Lei Muk Shue Estate in Tsuen Wan, on the evening of 22 October last year.
When the police first arrived at the premises at around 8.40 pm, you were not there, but other members of your family were. The police conducted a search. In a rice container in the kitchen, the police found a transparent resealable plastic bag containing the drugs which are the subject of the 1st count. They were in 11 resealable plastic bags. They had a street value at the time of in excess of HK$35,000.
In a cabinet in one of the bedrooms, inside a metallic box, the police found the drugs which are the subject of the 2nd count. They were in five transparent resealable bags together with a glass tube, three electronic scales, and two bundles of transparent resealable plastic bags and a green notebook.
You arrived at the flat some time later, while the police were still there. You admitted that the drugs the police had found were yours and had nothing to do with other members of your family. You also admitted that you earned money by selling drugs to others.
When you were interviewed later, you claimed that the drugs in the metallic box were for your own consumption and that you had been given them for free by the person from whom you had bought the drugs with which you intended to traffic.
You were 26 at the time of this offence, and would have been well aware that very serious consequences would follow if you were found trafficking in dangerous drugs. I am sure you will have been told by your counsel that those who traffic in between 50 to 300 grammes of ketamine can expect courts to adopt a starting point of between 6 and 9 years’ imprisonment.
In your case, 247.8 grammes were involved. On the facts of this case, I adopt a starting point of 8 years’ imprisonment in respect of the 1st count and 1 year’s imprisonment in respect of the 2nd count.
I bear in mind that although you have two previous convictions, neither of them were for an offence involving dangerous drugs.
The only substantial mitigation in your case are your pleas of guilty, and for those pleas you are entitled to the usual discount of one-third.
On Count 1, I sentence you to 64 months’ imprisonment; that is 5 years 4 months.
On Count 2, I sentence you to 8 months’ imprisonment.
Both sentences are to run concurrently, so the total sentence I pass on you today is 64 months’ imprisonment.