COURT: Defendant, you have pleaded guilty at the Magistrates’ Court to trafficking in dangerous drugs, namely 1.56 kilograms of powder containing 0.27 kilograms of ketamine. You have today confirmed that plea of guilty before me and confirmed the facts.
Briefly what happened was this. At about 2010 hours on 8 October 2013, police officers saw you, another male and a female pacing up and down outside Gamemex Games Centre, Tang Lung Street, Wan Chai.
At the time you were seen holding a pink pouch. The officers intercepted you and searched you. Inside that pouch they found a McDonalds paper bag containing one plastic bag which, in turn, contained another plastic bag which contained 1.56 kilograms of powder containing 0.27 kilograms of ketamine the subject of this charge.
After arrest and caution, you said you were in Shau Kei Wan that day, and a man told you to deliver a packet for $1,000. You said you did not know what the packet contained. However, in a later video-recorded interview you repeated and amplified the facts. In that interview you were honest with the police. You admitted opening the bag, seeing it was white powder and knowing it was dangerous drugs, but that you did not know exactly what type of dangerous drugs. Nor did you know the quantity.
You confirmed to the police that the lady with you was your girlfriend, and she and the male had no knowledge of the dangerous drugs.
The retail market value of this amount of ketamine is $193,440. You admitted to one spent conviction. That was as a juvenile for a totally different matter.
Mr Dunn indicates that you accept your antecedent statement. That tells me that you are 19 years of age, born in Hong Kong and educated to Form 6. You have had various low-level jobs such as a waiter, decoration worker, and kitchen worker.
You are single and you reside with your mother, your parents having divorced sometime ago.
Mr Dunn also produced two psychiatric reports which had been prepared by order of the magistrate. Those reports recommend that you continue to receive outpatient treatment, and that you do suffer from some low-grade mental problems.
And also produced before me a number letters from yourself, your mother and other persons. I have looked through those letters, and also a letter from the Salvation Army which speaks well of you and the community service that you have performed.
You are but 19 years of age. You have a largely clear record. You are described as naïve and, therefore, easily led. This is the first time that you have been involved in this type of offence, and you have performed some voluntary community service in the past.
Of course, the major point of mitigation in this case is the fact that you pleaded guilty at the first available opportunity, but it is also mitigation that you were eventually entirely honest and cooperative with the police and that you took pains to exonerate your friend and your girlfriend.
Mr Dunn tells me that you are aware of the tariff, which is some 6 to 9 years for this amount of drugs.
Taking all the mitigation into account, I am going to be as lenient as I possibly can.
I take a starting point of 7 years and 9 months - that is 93 months, and for your plea of guilty that will be reduced to 62 months, that is 5 years and 2 months.
You will therefore go to prison for 5 years and 2 months.