On 19 December 2018, about 11 o’clock in the morning, shortly after 11 o’clock in the morning, in an anti-narcotics operation at the Pak Ho Hotel, the defendant was found inside a room with a female. The drugs were found inside an unzipped yellow bag which was on the nightstand next to the bed. The defendant was cautioned and he claimed that the drugs were for his self-consumption.
A house search was conducted in the room and an electronic scale and three packets of transparent resealable plastic bags in different sizes were found. Cash was also found and also mobile telephones.
The defendant subsequently gave a video-recorded interview where he alleged, amongst other things, that the heroin seized was brought to the premises together with the electronic scale and transparent resealable plastic bags by someone called Ah Ching. However, I note from the Summary of Facts that the heroin was found in a yellow unzipped bag together with all the other dangerous drugs. The electronic scale was not found together with the heroin but separately, together with the transparent resealable plastic bags.
The defendant is aged 43 and has three previous convictions, two of which was for possession of dangerous drug, and this will be the first time he is convicted of trafficking in a dangerous drug.
In mitigation, Ms Moosdeen has said everything she could possibly say on his behalf and Ms Moosdeen’s submission was that the defendant had intended 20 grammes of the ‘Ice’ for his own consumption and that the cocaine was also for his own consumption and also for treating his friends.
I have already indicated to Ms Moosdeen that I am not going to accept this and that if the defendant wishes, he can give evidence on his consumption. Ms Moosdeen says she has taken instructions and the defendant will not give evidence.
I have also in mitigation received letters from both the defendant and his sister, and it is clear that the defendant comes from a very large family and that he is very fortunate that he has a sister who cares so much for him that she would write a letter for him. The only mitigation in this case is the defendant’s plea of guilty at an early stage.
It is clear from the guidelines laid down by the Court of Appeal that trafficking in dangerous drugs is a very serious offence. In this case, there are three different kinds of drugs. 62.6 grammes of methamphetamine hydrochloride makes up the largest portion of the drugs. So adding up all the weight of the drugs, all the drugs, the total weight will come to 87.39 grammes and I will, for the sake of sentencing, sentence according to the trafficking guideline for methamphetamine hydrochloride, and this was laid down in the case of Tam Yi Chun in 2014 where the Court of Appeal said that for trafficking in between 70 to 300 grammes of methamphetamine, the recommended sentence after trial would be 7 to 11 years.
So in view of all the circumstances of this case, I would take a starting point of 7½ years. I will deduct half a year for his own consumption and giving him the full one-third discount for his plea, the sentence will be 4 years and 8 months.
Defendant, please stand. Due to my oversight in reading the guideline, in fact, the starting point as recommended by the Court of Appeal in the case of Tam Yi Chun for trafficking between 70 to 300 grammes is 11 to 15 years’ imprisonment. So taking all the, as I said, the facts of the case into account, I consider that an appropriate starting point will be one of 11 years’ imprisonment and I will give the defendant the 6‑month discount for his own consumption. So the starting point will be 10½ years and giving the defendant the full one-third discount, the sentence will be reduced to 7 years.