CRIMINAL CASE NO. 260 OF 2009
COURT: Defendant you may sit down and listen to the reasons for sentence.
The defendant was convicted of one count of trafficking in a dangerous drug by a jury. There were three kinds of drugs involved, cocaine, ketamine and herbal cannabis. The amount of cocaine was 51.11 grammes and that of ketamine was 4.89 grammes respectively. There were also 1.18 grammes of herbal cannabis.
At about midnight on 1 April 2009, the defendant was intercepted by a team of police officers, outside Flat C, 17th Floor, Yen Men Building at Jaffe Road, Wanchai. The defendant was in possession of a bunch of four keys. Two of these keys fit the iron grille and wooden door of the flat.
A safe was found on top of a wardrobe in the bedroom. The defendant told the police officer the password to open the safe. The officer found the drugs, the subject matter of the charge, inside the safe. There was also an electronic scale; some re-sealable plastic bags.
The market value of the cocaine and herbal cannabis was about $91,000.
The defendant is 29 years old. He is a Columbian National. He was educated up to university level. He was a lecturer in a Columbian university. He was a co-author of a book in fundamental algebra. His mother is 56 and is of good health. His sister is a medical practitioner. They are both very supportive and attended court during the previous adjourned trial.
The defendant came to Hong Kong in March 2008. He is married with two daughters. He has a clear record. The defendant submitted several letters written by his friends and colleagues. He was highly regarded as an honest and hard-working person.
For trafficking in cocaine the sentencing tariff set out in HKSAR v Lau Tak Ming [1990] 2 HKLR 370 is applicable. For 51.11 grammes of cocaine the starting point should be 8 to 12 years’ imprisonment.
For trafficking in ketamine the sentencing tariff set out in the Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1 is applicable. For 4.89 grammes of ketamine, the starting point should be 2 to 4 years’ imprisonment.
Given the amount of cocaine alone, the starting point should be 8 years’ imprisonment. For the amount of ketamine alone, the starting point should be 2 years and 10 months’ imprisonment. For the 1.18 grammes of herbal cannabis, I take a starting point of one month’s imprisonment.
In sentencing I bear in mind the approach recommended by the Court of Appeal in HKSAR v Ip Wai Yin [2004] 3 HKC 367. I shall select the provisional starting point based on the most serious drug, that is, cocaine. I then adjust the starting point upwards to reflect the quantities of other drugs.
Having considered the small amount of ketamine and cannabis in this case I take the overall starting point of 8 years and one month’s imprisonment. I have considered his background and the circumstances of the offence. There is no valid reason for further reduction.
I now sentence the defendant to 8 years and one month's imprisonment.