COURT: The defendant pleaded guilty to the charge of trafficking in a dangerous drug on 13 June 2024. It is alleged that on the 19th day of January 2023, at Room 3605, Mei Pak House, Shek Kip Mei Estate, Kowloon, he unlawfully in 1,415.99 grammes of ketamine narcotic.
According to the Summary of Facts to which he agreed, at 9.53 am on the 19th day of January 2023, the police intercepted the defendant and another male as they walked out of Room 3605. At that time the defendant was holding some keys, one of which was found fit to open the metal gate of the premises.
Upon search of the premises, the police found on a table in the living room four large bags containing a total of 466 smaller bags of ketamine, also some bowls and containers containing ketamine. The police also found a number of packaging paraphernalia including electric scales, vacuum sealer, plastic bags, scissors, tweezers, spoons and lighters.
The total drug seized was 1,727.18 grammes of a solid containing 1,415.99 grammes of ketamine. Its total estimated street value was $1,024,218.
At that time, the defendant had two mobile phones and cash of $38,790 on his person.
The defendant stated under caution that he was helping someone to deliver the ketamine at the rear staircase to earn quick money. The relevant CCTV recordings captured him going to the premises on 16, 17, 18, and 19 January 2023.
He now accepts and admits that at the material time he was in possession of the drug seized in the flat for the purpose of unlawful trafficking.
The defendant was 23 years of age at the time of the offence, and he is now 25 years old. He has received up to Form 6 education and he has a clear record. He lived with his parents and elder brother before his arrest.
According to defence counsel Ms Maria So, the defendant had worked different jobs. His last job was a logistic worker earning on average about $12,000 per month. I was informed that the defendant committed the present offence because he owed outstanding gambling debt of around $100,000-odd.
Counsel urged this court to take into account his early plea of guilty, the fact that he committed the offence out of foolishness, and to impose a lenient sentence.
In respect of his role and capability, counsel submitted that he was not the mastermind nor the person in charge. He was only delivering the drug without any knowledge of the further distribution.
In addition, counsel also submitted a total of 13 mitigating letters written by the defendant himself, every single one of his family members, his teachers, employers, and I think even neighbours. Counsel stated that the purpose of these letters is to show the court that he is remorseful and also he has a supportive family. Counsel rightly admitted that personal circumstances and the contents of those letters cannot amount to valid mitigation for this kind of offence.
In sentencing the defendant, I bear in mind the approach set out by the Court of Appeal in the case of HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290. According to the tariff cases, the appropriate starting point after trial for trafficking in over 1 kilogramme of ketamine is 14 years of imprisonment upwards, and trafficking in between 2,000 to 3,000 grammes of ketamine should have a starting point of no less than 18 years and 20 years respectively.
The present case involves 1,415.99 grammes of ketamine narcotic. As such, the mathematical starting point would be one of 15 years and 8 months’ imprisonment. The mathematical starting point is appropriate for persons at the bottom of the trafficking hierarchy such as couriers and storekeepers. I accept what counsel said, that the role of the defendant should be one of a courier, being at the bottom of the hierarchy. As such, I adopt 15 years and 8 months as the notional starting point after trial.
The only mitigation is his early plea of guilty which entitles him to a full one-third discount. So after the discount he is sentenced to 10 years and 5 months’ imprisonment, and this is the sentence I impose.