COURT: The defendant, aged 31, pleaded guilty at the Eastern Magistrates’ Courts on 5 July 2013 to the charge of trafficking in a dangerous drug, namely, 1.49 kilogrammes of a powder containing 1.20 kilogrammes of ketamine.
On 4 February 2013, the defendant was intercepted by police officers inside Kowloon Bay MTR Station. Police found, in the recycle bag he was carrying, a paper box containing six transparent packets, each containing ketamine. The estimated street value of the ketamine seized was HK$183,270. Under caution, he said that Ah Man had told him to take the 'K Chai' to Kowloon Bay for another for a reward of HK$500.
During a video-recorded interview conducted later, the defendant further said that, about a month ago, he had told Ah Man that he wanted to make quick money. Ah Man told the defendant to look for him at 5 pm on 4 February 2013 at Tin Shui Wai MTR Station. The defendant met Ah Man at the appointed time and place. Ah Man gave him a bag with a box containing the ketamine. The defendant was told to bring it to Kowloon Bay MTR Station and wait for Ah Man’s instructions there.
The defendant has a fairly long criminal record dating back to the year 2000, most of which are drug-related. In September 2008, the defendant was sentenced to a total term of 6 years and 8 months for trafficking in and possession of dangerous drugs, but I am not going to increase the sentence because of that record.
Sentence
I have listened to your personal and family circumstances put forward by your counsel in mitigation. It is unfortunate that your twin daughters will lose the care of their father for a long time. Your counsel has also made observations on the circumstances of your arrest.
The sentencing guidelines for ketamine are set out in Secretary for Justice v Hii Siew Cheng [2009] Vol 1 HKLRD, page 1. The quantity in the present case exceeds the maximum stated in the guideline which is that, for over 1,000 grammes of ketamine, the sentence should be “14 years upward”. For 1.2 kilogrammes of ketamine, in the circumstances of this case, I shall take a starting point of 15 years’ imprisonment.
The only substantial mitigation is your early plea of guilty. I am going to give you full credit for your timely plea.
The sentence on you will be one of 10 years.