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HCCC 289/2017
[2018] HKCFI 716
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 289 OF 2017
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| Before: |
Hon Andrew Chan J |
| Date: |
2 March 2018 at 11.42 am |
| Present: |
Miss Sabra Lo, SPP of the Department of Justice, for
HKSAR |
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Mr Hanif Mohamed Mughal, instructed by Krishnan &
Tsang, assigned by DLA, for the accused |
| Offence: |
(1) Trafficking in a dangerous drug (販運危險藥物) |
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(2) & (4) Doing an act preparatory to or for the purpose of trafficking in a substance believed to be a dangerous drug (作出某項作為以準備販運或目的是販運相信為危險藥物的物質) |
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(3) Trafficking in dangerous drugs (販運危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT:
The defendant has pleaded guilty to two counts of trafficking in dangerous drugs and two counts of doing an act for the purpose of trafficking in a substance she believed to be a dangerous drugs, contrary to Section 4(1)(a) and (4)(1)(c) of the Dangerous Drugs Ordinance.
The Summary of Facts reveals the following. On 17 October 2016, police officers intercepted the defendant outside a shopping centre at Tai Wai, Shatin. Upon a search of a bag carried by the defendant, police officers found seven packets, 82.2 grammes of a substance containing 24.1 grammes of ketamine, and six packets of substance containing 81.5 grammes of phenacetin, a Part I Poison.
At her residence, police officers found one packet of substance containing 62.4 grammes of ketamine; 24 packets of substance containing 13.14 grammes of cocaine. They also found one packet of substance containing 481 grammes of powder and 57 packets of substance containing 153 grammes of phenacetin, the total weight of these substances amounted to 634 grammes.
During a video interview, the defendant admitted that the 13 packet of substances found on her were ketamine, and insofar as those substances found inside her residence, apart from the cocaine being cocaine, the rest she believed were ketamine too.
The defendant further admitted that she was instructed to package the drug by a male, and that she would receive $1,000 for every 1,000 grammes of dangerous drugs she packaged.
The defendant is 34, a single parent, with an eight-year-old son to look after. Before her arrest, she was on comprehensive social benefit. In mitigation, it was submitted that due to financial difficulty, the defendant agreed to package drugs for other. She needed the money for her son’s extra-curricular activities. Out of greed and stupidity, she committed the present offences.
It was also submitted that she was not the mastermind, and only acted as a courier in the present case.
Guidelines of sentencing
In relation to trafficking in dangerous drugs, guidelines on sentencing are clear. I first deal with the 3rd count. The starting point for trafficking in 62.4 grammes of ketamine will be one of 6 years’, ie 72 months’ imprisonment. Insofar as the 13.14 grammes of cocaine is concerned, and extra 1 year would be added to the starting point. That is the starting point for all the dangerous drugs particularised in Count 3, will be one of 7 years’ imprisonment. Because of the defendant’s plea, the sentence will be reduced to one of 56 months’ imprisonment.
In respect of Count 1, the starting point for trafficking in 24 grammes of ketamine will be one of 54 months’ imprisonment. Again, because of the defendant’s plea, the sentence will be reduced to one of 36 months’ imprisonment.
Insofar as the 2nd count is concerned, the defendant trafficked in 81.5 grammes of a substance purported to be ketamine. The amount of powder in Count 2 was similar to the one in Count 1. And so far for the purpose of sentencing, the defendant will be treated the same as Count 1. She will be sentenced likewise to 36 months after her plea.
Insofar as the 4th count is concerned, the defendant trafficked in 481 grammes plus 153 grammes, making a total of 634 grammes of a substance, again, purported to be ketamine. Adopting the same methodologies and the same ketamine to substance ratio, the starting point for trafficking in 24 over 82 times 634, ie 185 of ketamine, would be one of 90 months’ imprisonment. After her plea of guilty, the sentence would be reduced to one of 60 months’ imprisonment.
Given the total amount of drugs in this case, ie 295 grammes of ketamine, when I say ketamine, I say ketamine equivalent and 13.14 grammes of cocaine, it is ordered that 6 months of Count 1, 6 months of Count 2 and 8 months of Count 3, are to run consecutively to each other and to the 60 months imposed on Count 4, thus making a total of 80 months’ imprisonment.
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