COURT: The accused pleaded guilty to one 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 on 20 June 2022, outside No. 1 Dundas Street, Mong Kok, he unlawfully trafficked in 75.12 grammes of methamphetamine hydrochloride, commonly known as ‘Ice’.
According to the Summary of Facts to which he admitted, at around 12.30 am on 20 June 2022, he was intercepted by the police as he was travelling in a taxi in Mong Kok area. Upon search, the police found a total of 17 plastic bags containing a total of 75.12 grammes of a crystalline solid containing 75.12 grammes of ‘Ice’ concealed in his underwear and in his right sock. Cash of HK$17,575 was also seized from his person.
The estimated street value of the drugs seized from the accused was HK$43,269.
Upon his arrest for the offence of trafficking in a dangerous drug, the accused admitted under caution that he was helping others to carry those drugs in his possession for a reward of $50 each time. He now admits that at the material time he knowingly possessed all the drugs seized for the purpose of unlawful trafficking.
The accused is 25 years of age with one previous conviction for two charges of common assault and two charges of criminal intimidation in 2012 when he was 15 years old. He was sentenced to the rehabilitation centre on that occasion and was last discharged on 5 September 2013.
He has received education up to Form 1 level. He is single and according to counsel for the accused, he has a two-year-old son who resides together with his separated girlfriend. Before his arrest, he worked as hairstylist earning about HK$30,000 per month.
In mitigation, defence counsel Mr Henry Ma submitted that the accused was addicted to the drug of ‘Ice’ and he acted as a courier of drugs in order to earn some quick money because the hair salon closed down during the period of COVID. Counsel submitted that he was cooperative with the police at the time of arrest and he pleaded guilty at an early stage.
I also received two letters prepared by his former supervisor and employer pleading for mitigation, saying that he was a hardworking employee who took good care of his family.
I bear in mind the approach to sentencing for the offence of trafficking in dangerous drugs laid down in the case of Herry Jane Yusuph [2021] 1 HKLRD 290. Having regard to the facts of the present case, including the admission made by the accused, I accept that his role was that of a courier. Therefore, his sentence is to be determined primarily by reference to the relevant guideline and the quantity of the drug concerned. According to the sentencing guideline in the case of HKSAR v Tam Yi Chun [2014] 3 HKLRD 691, the starting point for trafficking between 70 grammes and 300 grammes of ‘Ice’ is 11 to 15 years’ imprisonment.
The present case involves 75.12 grammes of the ‘Ice’ narcotic. On a pure arithmetic approach, a starting point of 11 years and 1 month’s imprisonment would be appropriate. The arithmetic approach is suitable for the courier or storekeeper who are recognised to be at the lowest rank in the trafficking hierarchy.
Taking into account the role of the accused, his youth, and all the circumstances, including the contents of the mitigating letters, I adopt 11 years as the notional starting point for sentence. There being no aggravating factor, 11 years is the starting point to be adopted after trial. The accused pleaded guilty at the earliest opportunity and he is entitled to the full one-third discount. There being no other mitigating factor, this is the extent of discount he is entitled to.
So the ultimate sentence is one of 7 years and 4 months’ imprisonment.