COURT: The accused was charged with one single count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134.
It is alleged that he unlawfully trafficked in 85.6 grammes of methamphetamine hydrochloride on 18 February 2021. He pleaded guilty before a magistrate and was committed to the Court of First Instance of the High Court for sentence.
According to the Summary of Facts to which you admitted, at about 11.05 pm on 18 February 2021, a police officer saw the accused arrived at outside Wah Lok House, Wah Fu (I) Estate, 15 Wah Fu Road, Aberdeen by taxi. And before alighting the taxi, you kept looking around as if you were expecting someone.
You were intercepted by the officer for a search. From the pocket of your jacket, he found two transparent resealable plastic bags of methamphetamine hydrochloride. From the rucksack you carried, he found 13 transparent resealable plastic bags of crystalline solids containing methamphetamine hydrochloride. Cash of HK$5,633 and 200 Thai currencies were also found on your person.
Upon arrest for the offence of trafficking in a dangerous drug, you said under caution that you were supposed to pass the things to others.
The total quantity of dangerous drug seized in this case was 85.6 grammes of a crystalline solid containing 85.6 grammes of methamphetamine hydrochloride, commonly known as ‘Ice’.
In a cautioned video-recorded interview, you admitted that the things found inside your jacket pocket and your rucksack were dangerous drug ‘Ice’, that you were notified by phone to deliver two bags of dangerous drug to someone in Wah Fu Estate and was supposed to receive HK$7,200 for the delivery. And one of the mobile phones on your person was used to contact the clients.
You now admit and accept that you unlawfully trafficked in the ‘Ice’ seized.
In mitigation, I was told that you are now 27 years of age with a clear criminal record. You were born and educated in Hong Kong up to Form 5 standard. You had worked as a fruit and vegetable worker with monthly salary of HK$23,000 but you became unemployed since the middle of 2020.
In mitigation, counsel told me that you were a filial son who took care of your mother who is suffering from diabetes and heart disease. Counsel also said that you committed the offence because you were in need of money and you were used by bad influence. Counsel urged this court to accept your role as a courier. He said that you are remorseful and you pleaded guilty at the very first opportunity.
In sentencing, I shall follow the approach enunciated by the Court of Appeal in the case of Herry Jane Yusuph, CACC 93/2019. I have considered the whole circumstances of this case, including your role, your personal circumstances, as well as the mitigation advanced on your behalf. I also bear in mind that trafficking in dangerous drug is a very serious offence. Based on the evidence before the court, including your admission under caution, I am satisfied that your role was no more than a courier. The arithmetic approach is appropriate for the courier or storekeeper, who are recognised to be at the lowest rank in the trafficking hierarchy.
The quantity of drug involved in this case was 85.6 grammes of ‘Ice’ narcotic. According to the sentencing guidelines in the case of Tam Yi Chun [2014] 3 HKLRD 691, the relevant band for trafficking in 70 grammes to 300 grammes of ‘Ice’ is between 11 to 15 years’ imprisonment after trial. On a pure arithmetic approach, a starting point of 11 years and 3 months’ imprisonment would be appropriate for trafficking in 85.6 grammes of ‘Ice’.
Taking into account your role and culpability in this case, I adopt 11 years and 3 months as the starting point for sentence.
You pleaded guilty at the earliest available opportunity and you are entitled to a full one-third discount. So with the reduction, the ultimate sentence is 7 years and 6 months’ imprisonment, and I sentence you to 7½ years’ imprisonment for this case.