COURT: The defendant had pleaded guilty in the Magistrates Court to one count of trafficking in a dangerous drug, namely 52.85 grammes of a solid containing 45.44 grammes of cocaine.
On 2 June last year, at 8.52 pm, the defendant was seen going into a building in Nathan Road, carrying a bag. Police officers stopped and searched the defendant and from the bag, the police found the dangerous drugs which is the subject matter of the charge. Under caution, the defendant admitted that she was helping someone bring the cocaine to Mong Kok to give to somebody else.
The drugs have an estimated retail value of HK$62,046.
The defendant has pleaded guilty to this offence and has been committed to this court for sentence.
She is aged 26 and has one previous conviction of possession of dangerous drugs in 2009, for which she was sent to a drug addiction treatment centre. However, despite that she, in the antecedents statement, had admitted that she had been a drug addict for six years, consuming ketamine and cocaine.
As Mr Pun pointed out, the defendant has the loyal support of her family and relatives. It is apparent that the father, from the father’s letter, that he blames himself for the present offence because he said that it was because of the family financial circumstances that the defendant had possibly committed this offence. In my view, the parents of the defendant should not blame themselves because it is a fact that the defendant was a drug addict at the time and committed the offence due, I think, in a large part, to her drug addiction. The defendant has only herself to blame.
She is aged 26 and she had a regular job but yet indulged herself in drugs. It is obvious from the letters that the parents care very deeply for the defendant and also the relatives are also very supportive. So despite the error made by the defendant, there is great support for the defendant to now take advantage of the time in prison to better herself.
As Mr Pun pointed out, the guideline sentence for trafficking in between 10 to 50 grammes of cocaine has been laid down by the Court of Appeal as meriting a starting point sentence of 5 to 8 years’ imprisonment.
In this case, the total amount of drugs is 45.44 grammes and therefore would merit a starting point sentence of 7½ years’ imprisonment.
I agree with Mr Pun and I also agree that the defendant should be given the full one-third discount for her plea and so the sentence I shall impose on the defendant is one of 5 years’ imprisonment.