COURT: The defendant pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134 and one charge of possession of dangerous drugs, contrary to section 8(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap 134.
The defendant was intercepted by police officers mounting an anti-drugs operation and he was found in possession of a set of keys which opened up the premises where drugs and paraphernalia for trafficking and possession were found.
The drugs for his own consumption were found on a wooden table and they were 1.39 grammes of a crystalline solid containing 1.35 grammes of methamphetamine hydrochloride, 0.48 grammes of a solid containing 0.46 gramme of cocaine and two hand-rolled cigarettes, both containing a plant material and 0.1 gramme of a powder containing cocaine.
The drugs for trafficking were found inside a plastic box on a table next to the refrigerator. That is a total of four plastic bags containing 38.13 grammes of a crystalline solid which contained 37.17 grammes of methamphetamine hydrochloride.
The paraphernalia included a drug-inhaling device, tin foil, an electric scale and 69 cloth bags as well as five plastic bags containing 216 empty resealable plastic bags.
The value of all the drugs seized was in the region of HK$22,000.
The defendant is now aged 25. He has a clear criminal record. By way of mitigation, I was told that before the arrest, he was a transportation worker with stable income and making regular contribution to the family. Unfortunately, he was addicted to drugs five years ago and that was confirmed by the urine test conducted shortly after his arrest. And that addiction was what led him to commit the present offence - to make quick money to feed his addiction.
In sentencing the defendant, I have taken into account his guilty plea, the nature of the drugs, the relevant sentencing tariff, mitigation forwarded by counsel on his behalf, and I have perused all the mitigation letters.
According to the guideline laid down in the case of Tam Yi Chun, trafficking in 10 to 70 grammes of ‘Ice’ attracts starting points ranging from 7 to 11 years. The narcotics in Charge 1 being 37.17 grammes, I consider a starting point of 105 months appropriate. I shall give him the full one-third discount. He is sentenced to 70 months, 7-0. In respect of the possession charge, I adopt a starting point of 18 months’ imprisonment, give him the full one-third discount. He is sentenced to 12 months. And I order the two sentences to run concurrently.