COURT: The defendant has pleaded guilty to two counts of trafficking in dangerous drugs in the Magistrates’ Court and is committed to this court for sentence.
On the 25 April 2019, the defendant was intercepted by police officer outside his residence. Upon a search, three plastic bags which the defendant was carrying, a total of 1,205 grammes of heroin was found. After entry into his residence, a further 3,779.52 grammes of heroin and 35.798 kilogrammes of herbal cannabis were found.
Under caution, the defendant claimed that he was entrusted by a male, ‘Ah Fai’, with the task of looking after and repackaging the drugs in question in return for financial reward.
The street value of the total seizure amounts to over HK$22 million.
The defendant is 30 now and was unemployed at the time. He has a trafficking in dangerous drug record in 2009 and was sentenced to the training centre. In other words, this is not his first time in committing the same offence.
Guidelines on sentencing are clear. In respect of the 1st count, the starting point for trafficking in 1.2 kilogrammes of heroin is one of 23 years’ imprisonment. In respect of the 2nd count, the starting point for trafficking in 3.78 kilogrammes of heroin is one slightly short of 26 years’ imprisonment. As far as the herbal cannabis is concerned, the starting point for trafficking in approximately 35 kilogrammes is one of about 6 years’ imprisonment on its own.
It is fairly difficult to compare the relative toxicity of herbal cannabis with heroin. In this case, the value of the cannabis is much higher than heroin. I am pretty sure in terms of toxicity and addictability, the reverse is true. Gramme for gramme, herbal cannabis is in fact more expensive than heroin.
Having considered the total amount of drugs, ie, heroin and herbal cannabis, in question, the defendant’s past record, the overall starting point for Count 2 will be adjusted upward to one of 27 years’ imprisonment. The amount of heroin seized as stated in the 1st count no doubt comes from those found inside his residence. And given the total amount of heroin in question, ie, 4.98 kilogrammes, it is ordered that both the sentences imposed on the 1st count as well as the 2nd count are to serve concurrently to each other.
So for the two offences the defendant stands convicted, he is therefore sentenced to 18 years’ imprisonment.