In the evening on 25 February 2021, police officers saw 2nd defendant come out of a residential building, namely, Yen Wai Garden in Tsuen Wan, with an ice box. The 2nd defendant then walked towards the 1st defendant’s car and placed the ice box into the 1st defendant’s car trunk. Both were then intercepted by police officers. Inside the ice box, police officers found 4.459 kilogrammes of ketamine and 5.36 grammes of cocaine, electronic scales and a number of plastic bags. A search of a room inside an apartment of a building at Hoi Pui Street with a key found on the 1st defendant revealed another 47.7 kilogrammes of ketamine and various paraphernalia.
The 1st defendant is now 28, educated up to Form 3 secondary school level. Prior to his arrest, he resided with his girlfriend and a daughter. It was submitted that due to the COVID pandemic, the 1st defendant became unemployed in 2019. He later came to know a friend who offered him to work as a drug courier for $20,000 a month. The 1st defendant has one similar trafficking in a dangerous drug record. In 2013, he was sentenced to 42 months’ imprisonment.
The 2nd count of the trafficking is the more serious one involving 47.7 kilogrammes of ketamine. In HKSAR v Wong Kam Chuen, CACC 75/2012, a starting point of 22 years was given for trafficking in 39 kilogrammes of ketamine. In HKSAR v Cheung Yuk Keung, CACC 498/2006, a starting point of 25 years was given for trafficking in 122 kilogrammes of ketamine. Starting point based on quantity alone in this case would be one of 23 years’ imprisonment.
This, however, is not the first time that the 1st defendant has committed the offence of trafficking. The 1st defendant in this case was not acting simply as a courier. He was involved in repackaging and delivering ketamine. He also assisted his friend in renting the premises for temporary storage. In view of these two aggravating features, a starting point of 24 years would be adopted. Given the 1st defendant’s plea for the 2nd count, he is sentenced to 16 years’ imprisonment.
In HKSAR v Lee Hin Long Owen, CACC 251/2018, a starting point of 21 years was given for trafficking in 4.203 kilogrammes of ketamine. In respect of the 1st count, the starting point based on quantity alone, namely 4.459 kilogrammes of ketamine, would attract an imprisonment term of 21 years. That would be reduced to one of 14 years after a one-third discount is given. Although 5.36 grammes of cocaine was also involved in the 2nd count, however, given the small quantity in comparison with the large quantity of ketamine, for the purpose of the present sentence, that would be ignored. In view of the total quantity of the ketamine involved, the 14 years imposed on the 1st count will run concurrently with the 16 years imposed on the 2nd count.
For the two counts of trafficking in a dangerous drug that 1st defendant stands convicted, he is therefore sentenced to a total of 16 years’ imprisonment.
The 2nd defendant is 26, single, educated up to Form 2 secondary school level. Prior to his arrest, he worked as a lorry attendant. The 2nd defendant has three criminal records, one similar to the present case. On that occasion in 2018, he was sentenced to 30 months’ imprisonment. Similar to the 1st defendant, the starting point for trafficking in 4.459 kilogrammes of ketamine based on quantity alone is one of 21 years’ imprisonment. The 5.36 grammes of cocaine is likewise ignored. An additional 6 months will be added for his second trafficking conviction. Although the 2nd defendant has offered assistance to law enforcement agency, that, however, turns out to be not very useful. As such, no further discount will be given. For the sole count that the 2nd defendant stands convicted, he is therefore sentenced to 14 years and 4 months’ imprisonment.