COURT: Defendant, after trial, the jury has found you guilty of an offence of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.
They have found that on 3 June 2018, you brought into Hong Kong from Ho Chi Minh City, Vietnam 2,970 grammes of a crystalline solid containing 2,956 grammes of methamphetamine hydrochloride. The result of their verdict indicated clearly that you were a knowing courier of these drugs. These drugs were concealed in the back panel of three backpacks, each backpack containing approximately 900-odd grammes of what is commonly known as ‘Ice’.
Mr Bullett in his mitigation has said the antecedents are correct and your background, particulars you gave in court were correct. And really, as in many cases of trafficking in dangerous drugs, it appears to be that you were in difficult financial situation. You therefore took up this jaunt for a sum of money. You were caught and, as Mr Bullett has said and told me, your life is now ruined. It is unfortunate but very clear from the many cases that come to court that the traffickers use people like yourself as you are desperate for money and are rewarded a sum to which you take the risk. In this case, you were to be rewarded a sum of some MYR5,000 which was approximately four times your monthly salary. And you were recruited, it would appear, by a man by the name of Chandru.
You are a 35-year-old Malaysian. You speak Tamil and Bahasa. You were educated up to Grade 9, was married and have three children. Your evidence in court was that your wife left you and your cousin is looking after your three young children.
I have no doubt you are aware that trafficking in dangerous drugs is a very, very serious offence. There are guidelines laid down by the Court of Appeal for trafficking in large amounts of the drug ‘Ice’. The tariff for trafficking in large amount of ‘Ice’ is set down in the case of Abdallah. The bracket to which you fall into is between 1,200 grammes to 4,000 grammes, the starting point is one between 23 and 26 years’ imprisonment.
For this offence which you have committed, there is an established sentencing principle that the offence of drug trafficking is aggravated when a person brings drugs into Hong Kong. A person coming from across the seas importing drugs into Hong Kong for a reward knows full well the effects of the dissemination of the drugs on the streets of Hong Kong. Persons who bring drugs into Hong Kong therefore have their sentence enhanced.
Defendant, please stand up. You have been convicted after trial by the jury. You were trafficking in an amount of 2,956 grammes of ‘Ice’, and for that amount of ‘Ice’ you shall be sentenced to 24 years’ imprisonment. As there was an international element, that sentence is enhanced following Abdallah and that sentence shall be enhanced by 2 years, and you shall therefore be sentenced to a total of 26 years’ imprisonment.