COURT: The defendant has pleaded guilty to two counts of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance.
In the evening on 30 November 2020, the defendant was intercepted by Customs officers in the area of Cheung Sha Wan. Upon body search, 3.84 grammes of ketamine was found on the defendant. A search of the defendant’s residence yielded another 453.4 grammes of ketamine, a number of resealable plastic bags with various sizes,electronic scales, a spoon and other paraphernalia.
Under caution, the defendant admitted that the ketamine found in his residence were for distribution purpose and that he would receive $50,000 reward for repackaging the ketamine in question.
The street value was estimated to be around HK$338,000.
The defendant is 29. He has two criminal records, one similar to the present one to which he was sentenced to 8 years’ imprisonment. Prior to his arrest he was a construction worker making HK$16,000 a month.
Sentencing guidelines based on quantity alone are clear. Starting point for trafficking in 3.84 grammes of ketamine is one of 2 years and 6 months, ie 30 months. After plea, the sentence would be reduced to one of 20 months’ imprisonment.
The starting point based on quantity alone for trafficking in 453.4 grammes of ketamine is 10 years and 6 months. After plea, the sentence would be reduced to a term of 7 years’ imprisonment. Given the total quantity of ketamine in question, the two sentences imposed based on quantity alone are ordered to run concurrently to each other, ie, 7 years.
However, that is not the end of the matter. There are two aggravating factors in the present case. First, the defendant’s past similar record and second, he was in my view acting more than as a courier. His residence was used, in my view, as a distribution centre and that the defendant, according to him, received substantial reward for running that. In my view, an additional sentence of 1 year should be added. Given his plea, this 1 year will be reduced to 8 months.
In conclusion, for the two offences the defendant stands convicted, he is therefore sentenced to 7 years and 8 months’ imprisonment. Thank you.