CRIMINAL CASE NO. 138 OF 2011
COURT: The defendant was 39 years old when, on 13 August 2010, as he was leaving home, he was found in possession of two bags of ketamine which he admitted he was going to sell on the street. He was also found in possession of the keys to a flat which he had rented in April for a period of two years.
Inside his flat, police found a much larger quantity of ketamine, along with other drug-related items, including the “Ice” and herbal cannabis which are referred to in the 2nd charge. The drugs in the 2nd charge were intended for the defendant’s personal use. The defendant is apparently an addict of “Ice”, or at least he was until taken into custody.
The street value of the ketamine, all of which the defendant admitted he was going to sell, was estimated to be $69,221. The defendant pleaded guilty to both charges in the Magistrates’ Court and he has confirmed those pleas today.
The guidelines for sentence are plainly set out in The Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1. These provide that for between 300 and 600 grammes of ketamine, a sentence of between 9 and 12 years’ imprisonment, after trial, should be imposed.
Here, the ketamine weighed 454.71 grammes. In my judgment, a proper starting point for this sizeable amount would have been 10½ years’ imprisonment after trial. On the 2nd charge, I take the view that a proper starting point would be 15 months’ imprisonment.
On both charges, you have entered an early plea so that you will now receive the full benefit of having done so, with a considerably reduced sentence. This is in view of the mitigation that Mr Dunn has so ably advanced on your behalf and the obvious remorse that you have been able to demonstrate.
On Charge 1, the sentence is that you will go to prison for 6 years and on the 2nd charge there will be a concurrent sentence of 9 months’ imprisonment.