COURT: The defendant pleaded guilty to one count of trafficking in dangerous drugs before a magistrate and is now committed for sentence.
On 10 October 2017, the police conducted an anti-narcotic operation at a hostel in Sham Shui Po. Inside the room of the defendant, the police found, inside a pillowcase on the bed where the defendant was lying, 18 transparent resealable plastic bags containing a total of 275 packets containing suspected dangerous drugs.
The dangerous drug was later found to be 83.06 grammes of a mixture containing 67.77 grammes of heroin hydrochloride.
Under caution, the defendant admitted that the dangerous drug was belonged to him for selling to others. The defendant is 32 years old, educated in Hong Kong up to Form 4 level. He has been a drug addict since 22 years old.
Mr Chan, counsel of the defendant, submitted that the defendant is now very remorseful and he has admitted his guilt at the very first opportunity. Mr Chan also submitted a letter written to the court by the defendant saying that the defendant is now very remorseful. Mr Chan also confirmed to this court that the defendant does not maintain that any portion of the dangerous drug involved was for his own consumption.
Trafficking in dangerous drug is a very serious offence. A person committed this offence must face a heavy imprisonment sentence. The Court of Appeal has laid down tariff for sentencing of this kind of offence, and the term of imprisonment imposed depends mainly on the quantity of drugs trafficked.
For trafficking in heroin hydrochloride, the Court of Appeal has laid down the tariff for sentencing in the case of R v Lau Tak Ming. Under this tariff, for trafficking in a quantity between 50 to 200 grammes of heroin hydrochloride, the appropriate starting point for sentence should be in between 8 to 12 years’ imprisonment. In this case, the quantity involved is 67.77 grammes of heroin hydrochloride. The appropriate starting point should therefore be 8 years and 6 months’ imprisonment.
There is no other valid mitigating factor in this case apart from the defendant’s plea of guilty. Giving the defendant the full one-third discount for his plea of guilty, the sentence is reduced to 5 years and 8 months.