COURT: The defendant pleaded guilty before a magistrate to two counts of trafficking in dangerous drugs and one count of possession of dangerous drugs. He is now committed for sentence.
The dangerous drugs involved in relation to the 1st charge is 155 grammes of a mixture containing 98.1 grammes of ketamine and the dangerous drug involved in relation to the 2nd charge is 1,140.53 grammes of a mixture containing 693.79 grammes of ketamine and 0.02 gramme of nimetazepam.
The estimated retail value of the ketamine involved was approximately HK$162,000.
For the possession charge, the dangerous drug involved is 5.73 grammes of a solid containing 5.1 grammes of cocaine and 0.42 gramme of cannabis.
At 11.52 on 30 November 2015, Customs officers intercepted the defendant in Fa Yuen Street and found on him the ketamine in relation to the 1st charge and over HK$40,000 cash. A set of keys was found on the defendant and eventually access was gained to Flat C, 2nd Floor, 106 Fa Yuen Street, using one of the keys.
Upon search of the premises, the drugs in relation to the 2nd and 3rd charges were found together with scales and a spoon. Over HK$300 cash was also found inside a blue bag on a sofa in the premises.
The defendant admitted that the ketamine was for trafficking and the cocaine and cannabis were for his own consumption.
The defendant is 30 years old. He received education up to Form 7 level. He has numerous criminal records and this is the third time he committed the offence of trafficking in dangerous drugs. He was sentenced for 10 months’ imprisonment in 2007 and 8 years and 4 months’ imprisonment in 2009 for trafficking in dangerous drugs. For the latter offence, he was discharged from prison in May 2014.
In mitigation on behalf of the defendant, Mr So said he was instructed that one-third of the ketamine involved was for the defendant’s own consumption and two-thirds was for distribution to the defendant’s friends. I indicated to Mr So that, given the circumstances of the present case, in particular the quantity of ketamine involved and the background of the defendant, I am not prepared to accept what he said without further evidence from the defendant. However, Mr So indicated that he has clear instruction that the defendant will not give evidence or go for a Newton hearing.
Mr So submitted a letter written by the defendant asking this court to give him leniency as his parents are very old and he wishes to see his parents after his release from prison.
Trafficking in dangerous drugs is a serious offence and the Court of Appeal has laid down sentencing guidelines in respect of different kinds of dangerous drugs. In the case Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1, for trafficking in a quantity between 50 and 300 grammes of ketamine, the starting point for sentencing should be between 6 to 9 years’ imprisonment, and for trafficking in a quantity between 600 and 1,000 grammes of ketamine, the starting point for sentencing should be between 12 to 14 years’ imprisonment.
Making reference to the above sentencing tariff, I would adopt a starting point of 6 years and 6 months for the 1st charge and 12 years and 6 months for the 2nd charge.
The nimetazepam involved is negligible and I would not take into account any in sentencing.
I do not accept any of the ketamine involved was for the defendant’s own consumption as otherwise he would have included it as the drugs for his own consumption under the 3rd charge.
The purpose of imposing a heavy sentence for this kind of offence is for deterrence. There is really no reason to reduce the sentence apart from the defendant’s guilty plea. Furthermore, the defendant is a repeated offender and he had committed the same offence again a short time after he was released from gaol. The previous sentence was obviously not sufficient to deter him from further offending. I consider this is an aggravating factor and the defendant’s sentence should therefore be enhanced for another 6 months for both charges.
In relation to the 3rd charge, I would adopt a starting point of 6 months’ imprisonment and increase it to 9 months, taking into account the latent risk.
Taking into account the guilty plea, the sentence for the 1st charge is reduced from 7 years’ imprisonment to 4 years and 8 months. The sentence for the 2nd charge be reduced from 13 years to 8 years and 8 months. The sentence for the 3rd charge be reduced from 9 months to 6 months.
The total quantity of ketamine involved under the 1st and 2nd charges is 791.89 grammes. Applying the tariff under Hii Siew Cheng, the starting point for sentence for trafficking in this quantity of ketamine would be 13 years’ imprisonment. Enhancing it by 6 months, it will then become 13½ years’ imprisonment. Reducing it by one-third, it will 9 years’ imprisonment.
Having in mind to the totality principle, I order that 4 months of the sentence of the 1st charge be run consecutively to the sentence of the 2nd charge and the rest of the sentence of the two charges be run concurrently, making a total of 9 years’ imprisonment.
I further order that 2 months of the 3rd charge be run consecutively to the sentences of the 1st and 2nd charges and the rest of the sentences of the 1st and 2nd charges be run concurrently to the 3rd charge, making the total imprisonment term 9 years and 2 months.