The defendant was intercepted by the police outside a hotel at the early hours in the morning. In the room that he has rented, amongst various items, the following paraphernalia associated with the manufacturing and packaging of dangerous drugs were found. An induction cooker with a pot inside, electronic scales, various bowls, spoons, chopsticks, scissors, pliers and gloves, transparent resealable plastic bags. Some of those items contained dangerous drugs.
The total amount of drugs seized were 404.22 grammes of a solid containing 248.17 grammes of cocaine and 0.01 gramme of a powder containing cocaine with an estimated street value of slightly over HK$522,000.
Under caution, the defendant said that he owed debt and so he helped others to cook, ie to manufacture the cocaine in order to repay the debt. He further explained how he received the drugs and collected a suitcase containing the paraphernalia the day before. He explained about the cooking procedure and that he would afterwards pack 24 grammes of cocaine per bag and return them to the contact person.
The defendant who used to be an insurance agent is now aged 26 and he has a clear record. By way of mitigation, I am told that the defendant has fully cooperated with the police and gave details on how he came to be recruited to this job. He is willing to provide information as required. It is advanced on his behalf that he committed the present offence because he was addicted to gambling and owed debts to others which led him to be exploited.
In sentencing the defendant, I have taken into account the nature of the offence, his timely plea, the various authorities and the mitigation advanced by counsel and those contained in the mitigation letters.
The present case involves a total of narcotics of 248.18 grammes of cocaine. Had that been a charge of trafficking, the starting point will fall within the bracket between 200 and 400 grammes, ie 12 to 15 years’ imprisonment bracket. However, for manufacturing, the culpability is more than that of trafficking. According to the case of Cheung Wai Kwong, manufacturing is undoubtedly much more serious than trafficking or possession of dangerous drugs. A person involved in the manufacturing process is clearly nearer to the source of evil than a trafficker. Whilst the quantity of drugs is relevant but not decisive factor, it is but one factor to give the sentencing court an idea of the scale of the operation of manufacturing.
The other factors include the capacity of the equipment, the output of the drugs at the manufacturing station and the role played by the accused. These factors are set out in the case of Kan Kong Fai.
The Summary of Facts of the present case shows that this is a one-man band and there is no evidence that this manufacturing has been going on for a very long time or has been an ongoing process. However, apart from manufacturing the defendant also involved himself in the packaging of the drugs. I am of the view that is a small to medium size operation and a starting point of 16 years is appropriate.
He is entitled to one-third discount for his plea and he is sentenced to 10 years and 8 months.