COURT: The defendant pleaded guilty at the committal stage to two counts in the indictment. 1st count charged him trafficking in dangerous drugs. He was charged on 6 October 2021 at a premises in Hong Kong, unlawfully trafficked in dangerous drugs, namely, 245 grammes of a solid containing 164 grammes of ketamine; and 263 grammes of a solid containing 183 grammes of cocaine.
He also pleaded guilty to a count of possession of dangerous drugs which charged him on the same day in the same premises, had in his possession the dangerous drugs, namely, 25.34 grammes of a solid containing 19.33 grammes of cocaine.
It is said by the defence that the drugs in the 2nd charge, though found together with the drugs particularised in the 1st charge, were for his own consumption and prosecution take no issue with that. Hence, some of the drugs found was separated and put in as the 2nd charge for simple possession.
Facts admitted by the defendant revealed that at about 6 pm on 6 October 2021, police officers mounted an operation in the vicinity of the premises where the drugs were found. At about 6.27 in the evening, they saw the defendant wearing a black slide bag and carrying a carton box and a green bag in his hands, went to the flat.
He opened the iron gate and the wooden door with keys and then put the box, the green bag into the flat one by one. 30 seconds later, defendant came out of the flat, police intercepted him before the door was locked.
Upon interception, he was emotional and waved a key pouch. The key pouch was taken away from him and he was handcuffed. Police entered the flat and upon search, on a wooden table inside the bedroom, a plastic bag containing suspected ketamine and 13 plastic bags containing suspected cocaine, a large numbers of transparent plastic bags, two digital scales, one heat sealing machine, one hair straightener, one pair of scissors, one plastic clip, one plastic container and one cutting mat were found on the table.
Government chemist confirmed that one plastic bag containing 245 grammes of a solid containing 164 grammes of ketamine. Another plastic bag containing 1.34 grammes of a solid containing 1.13 grammes of cocaine. Two plastic bags containing a total of 24 grammes of a solid containing 18.2 grammes of cocaine, and 11 plastic bags containing a total of 263 grammes of a solid containing 183 grammes of cocaine.
He was arrested for trafficking in dangerous drugs. The unit premise or the flat where the drugs were found was rented to the defendant via a property agency on 28 January 2021.
Defendant was 27 at the time of the offence and is now 30 years of age. He had received education up to Form 5 and was unemployed at the time of the arrest. It was urged upon me that he was a drug addict at the time of the offence and in fact, he had a record in 2013 for trafficking in dangerous drugs. On that occasion, he was sentenced to be detained in a training centre. Unfortunately, he did not treasure that chance given to him.
I had read letters submitted on his behalf from parents, brothers and also his wife. All in all, they pleaded for leniency and said that the defendant is a kind-hearted person and it is due to financial difficulties that he commit the present offence.
For the 1st charge, there are two types of drugs involved. For the ketamine, it falls in the bracket of 6 to 9 years and for the quantity of cocaine, it falls into the range of 8 to 12 years. In this charge, cocaine is the more serious type of drugs and in these sort of circumstances because it involves two drugs, that is an aggravating factor.
Although the facts suggested he repacked the drugs before delivery, I would still treat him, so far as culpability is concerned, at the bottom end, I would treat him as a courier.
For the 183 grammes of cocaine, I will take an initial starting point of 11 years and 3 months and for the 164 grammes of ketamine, I will take an initial starting point of 7 years and 4 months.
As I said, the more serious drug is cocaine. So in sentencing him for the 1st charge, for that quantity of cocaine which calls for 11 years and 3 months’ imprisonment, I have to consider what enhancement is proper in view of the aggravating factors.
I am guided by the Court of Appeal in the case of Chan Yuk Leong and conducted the absurdity test, the ratio test as well as the conversion test. I had the calculation from Mr Lee and also from Mr Kong for the prosecution. I, myself, had also done the calculation.
On the whole, I agree with the calculation made by the prosecution and also the defence. Absurdity test, it will be 14 years and 3 months; ratio test, I come to a figure about 12 years; and conversion test, 12 years and 4 months.
Having conducted these tests, I come to the conclusion that the appropriate enhancement for the 1st charge will be 1 year and 3 months to the initial starting point I adopted for cocaine. As a result, 12 years and 6 months will be the starting point for the 1st charge having considered all the matters, in particular culpability on your part.
You are not young, you had one previous conviction for the same offence in 2013, as I said, however, it is a pity that you do not treasure the chance that was given to you. You, yourself, in fact is also a drug addict.
Your family members has said everything that they can say on your behalf but as said by the Court of Appeal on a number of occasions, for serious offences such as these, involving dangerous drugs, these sort of plea for leniency do not attract any meaningful credit or discount.
In your case, the only mitigating factor I found is your timely plea. I will give you one-third discount from the starting point that I have adopted.
So for the 1st count, you will go to prison for 8 years and 4 months. As to the 2nd count, possession of not a small quantity of drugs for your own consumption, I have to consider the latent risk, in particular all the drugs were put together and the drugs which you claim for your own consumption are put in similar resealable plastic bags.
With that latent risk in mind and the quantity of cocaine involved, I take a starting point of 18 months. As I said, the only mitigating factor is your plea, so I will reduce it to 12 months.
I now have to consider of that 12 months whether it should be made partly concurrent, partly consecutive or wholly concurrent. For you, I think 8 years and 4 months in prison is a very long term of imprisonment. I am moved by the support which you had from your family members and I hope you do learn a bitter lesson and will reform. So I am prepared to give you a second chance.
I think in the circumstances, I will make the 2nd charge sentence, namely, the 12 months to one wholly concurrent with the 1st count. So the total sentence on you, Mr Wong, is one of 8 years and 4 months.