CRIMINAL CASE NO. 241 OF 2010
COURT: Defendant, you may sit down and listen to the reasons for sentence.
The defendant pleads guilty to one count of trafficking in a dangerous drug. The drug involved is 412.25 grammes of ketamine.
At about 9 am on 10 May, year 2010, the defendant was intercepted by a team of police officers outside Sheung Yee House, Sheung Tak Estate. The defendant was in his private car which was parked there.
Police officers found a black plastic bag on the thigh of the defendant. Inside this bag were two ziplock bags containing the ketamine as set out in the charge.
The market value of the ketamine was about $53,000.
The defendant is 41 years old. He has three previous convictions not related to drugs. He is divorced, with three teenaged sons. He is educated up to Form 2. He was a casual worker before. He also traded in parallel goods across the border. He was unemployed since February, year 2010. The defendant takes care of his mother, who is 60, and suffers from diabetes. He committed this present offence because of his financial problems.
For trafficking in ketamine, the sentencing tariffs set out in Secretary for Justice v Hii Siew Cheng, [2009] 1 HKLRD 1, is applicable. For 300 to 600 grammes of ketamine, the starting point should be 9 to 12 years’ imprisonment.
For the 412.25 grammes of ketamine, the starting point should be 10 years and 2 months’ imprisonment. I deduct 3 years and 5 months for his plea.
The defendant submits a letter indicating his remorse. He understands that his conduct is selfish and despicable. It causes great harm to the society, especially to the young.
It is fortunate that the defendant appreciates the serious nature of his offence. However, this is not a valid reason for further reduction.
I have considered all the circumstances. There is no reason for further reduction.
Given the above, I sentence him to 6 years and 9 months’ imprisonment.