COURT: The defendant has pleaded guilty before a magistrate for one count of trafficking in dangerous drugs.
The dangerous drug involved is 14.5 grammes of a crystalline solid containing 14.2 grammes of methamphetamine hydrochloride.
On 31 July 2018 at around 3.48 pm, the defendant was intercepted at the customs arrival hall of the Shenzhen Bay Control Point. The dangerous drugs were found inside his pocket.
In a subsequent video-recorded interview after his arrest, the defendant admitted that he brought the dangerous drugs from Shenzhen to Hong Kong.
The defendant is 63 years old. He has clear record. He was educated up to Primary 5 level. Before the arrest, he was a construction worker, earning around $10,000 per month. He is married. His wife is 49 years old. He has also a son of 29 years old and a daughter of 34 years old. As submitted by Mr Davies, counsel for the defendant, it appears that the defendant was an ordinary family man with a usual family.
Now, trafficking in dangerous drug is a very serious offence. People committed this offence will expect to face with a long-term imprisonment sentence, and the Court of Appeal has laid down sentencing tariff in respect of trafficking in different kinds of dangerous drugs. For trafficking in methamphetamine hydrochloride, commonly known as ‘Ice’, the Court of Appeal has laid down the sentencing tariff in HKSAR v Tam Yi Chun. For trafficking in a quantity of 10 to 70 grammes of ‘Ice’, the starting point should be 7 to 11 years’ imprisonment.
The relevant quantity for consideration of sentence in this case is 14.2 grammes of ‘Ice’. Applying the tariff, the starting point should be more than 7 years’ imprisonment. However, I accept the mitigation by Mr Davies, particularly the fact that the defendant is now 63 years old and he has a clear record, and that I accept that the defendant is a drug user. Taking these factors in consideration, I will adopt the lowest starting point of 7 years.
There is, however, another factor in this matter that ought to be taken into account. This case involves what we call “international element” in that the defendant has brought drugs from mainland China to Hong Kong. For this factor, I will enhance the starting point from 7 years to 7 years and 3 months. Taking into account the defendant has pleaded guilty at the magistracy, I will accord the full one-third discount for his guilty plea. The sentence is therefore reduced to 4 years and 10 months’ imprisonment.