COURT: The defendant pleaded guilty to two counts of trafficking in a dangerous drug involving 0.38 kilograms in the 1st count, and 1.86 kilograms in the 2nd count, of ketamine.
At about 6 pm on 20 July 2013, police officers intercepted the defendant at the Ground Floor staircase, Cheung Hong Commercial Centre, Tsing Yi.
The police searched the defendant and found two plastic bags of ketamine inside a brown paper bag carried by the defendant. Later on, the police took the defendant back to his home at Room 903, Hong Wing House, Cheung Hong Estate, for a search. Ten plastic bags of ketamine were found inside a drawer in one of the rooms.
The defendant admitted under caution that he delivered the ketamine for Ah B for a reward of $500 each delivery. According to police statistics, the value of the ketamine was about $360,000.
The defendant is 19 and has one previous conviction. He is now serving his term in the rehabilitation centre. He received education up to Form 3. He was a casual worker earning about $5,000 per month. He is blind in his left eye due to an infection several years ago. His parents are in their 50s. He lived with his parents and sister at Room 903.
Counsel pointed out that the defendant is cooperative and very remorseful. In the letter to this court, his parents pointed out that the defendant is a simple-minded young man and is prone to be influenced by undesirable peers.
Trafficking is a serious offence. A deterrent sentence is indicated, even for offenders of a young age. Immediate custodial sentence is warranted.
According to the tariffs set out in Secretary for Justice v Hii Siew-cheng [2009] 1 HKLRD 1, the starting point for trafficking over one kilogram of ketamine should be over 14 years imprisonment.
I have also considered the authorities submitted by both counsel. I need only refer to HKSAR v Sin Chung King [2013] 1 HKLRD 627. The Court of Appeal recommended a starting point of 18 years’ imprisonment for trafficking over two kilograms of ketamine. For a total of 2.24 kilograms of ketamine in this case, the notional starting point should be 18 years imprisonment.
For the 1st count of 0.38 kilograms, I take the starting point of 9 years’ imprisonment, I deduct three years for his plea. I sentence the defendant to 6 years’ imprisonment. For the 2nd count of 1.86 kilograms, I take the starting point of 15 years’ imprisonment, I deduct 5 years for his plea. I sentence the defendant to 10 years’ imprisonment.
Taking into account totality, I order 2 years of the sentence of the 1st count to run consecutive to that of the 2nd count. The defendant has to serve a total of 12 years’ imprisonment. His current term in the rehabilitation centre will lapse, according to section 8 of the Rehabilitation Centre Ordinance.