COURT: The defendant has pleaded guilty to two counts of trafficking in dangerous drugs in the Magistrate Court and is committed to this court for sentence.
On 11 July 2019, the defendant was intercepted by police officers outside a flat of one building at Yau Ma Tei. Inside her trousers pocket a total of 35 bags containing 11 grammes of ketamine and 3.54 grammes of cocaine was found. Police officers then entered the flat in question for further search. Another 132 bags containing 241.06 grammes of ketamine and 6.03 grammes of cocaine was found.
Under caution, the defendant told police officers that she was responsible for packaging the drugs inside the flat and to bring the drugs to customers as instructed by a stranger whom she met in a park near Yau Ma Tei.
The street value of the drugs seized was estimated to be just above HK$215,000.
The defendant is 25 and has one but not similar record. Prior to her arrest, she worked as a waitress/manager, earning $23,000 a month. Mr McGowan submitted on behalf of the defendant that the starting point for Count 1 should not be more than 5 years and that the overall sentence should be no more than 8 years and 9 months.
The starting point for Count 1 using various tests, ie absurdity test, conversion test and ratio test, gives a range of 4 years 3 months to 5 years. The starting point for Count 2 under the abovementioned various tests gives a range of 8 years 5 months to 12 years 8 months. The starting point for all the drugs, ie Count 1 plus Count 2, under various tests gives a range of 8 years and 6 months to 12 years 11 months. I am grateful to Miss Wong for setting out all the tests.
The amount of drugs seized in relation to Charge 2 is more than Charge 1 and it will be used as the basis for the purpose of this sentencing exercise. For Count 2, the starting point is set at 8 years and 6 months. And given the defendant’s plea, she is therefore sentenced to 5 years and 8 months’ imprisonment.
For Count 1, the starting point is set at 4 years and 6 months. Given the defendant’s plea, she is therefore sentenced to 3 years’ imprisonment. Having considered the total amount of drugs seized, it is ordered that 2 months of Charge 1 is to run consecutively to the 5 years and 8 months imposed in relation to Charge 2. As such, for the two offences that the defendant stands convicted, she is sentenced to 5 years and 10 months’ imprisonment, which is urged upon me by counsel on behalf of the defendant.