COURT: Defendant, on 20 July 2023, you pleaded guilty to two charges of trafficking in dangerous drugs before a magistrate sitting at the Eastern Magistracy. As a result of your plea of guilty, you have been committed to the Court of First Instance for sentence.
The two charges of trafficking in dangerous drugs are contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. Both were committed on the same date and almost the same location. The only difference in location was one was in the lift lobby area of the 6th floor in Charge 1 whilst the other was in Room 614.
You have admitted that in the 1st charge on 30 September 2021, at the lift lobby of the 6th floor in Tai Man House, Tai Yuen Estate, Ting Kok Road, Tai Po, you together with other person or persons unknown, unlawfully trafficked in 1.45 kilogrammes of a crystalline solid containing 1.439 kilogrammes of methamphetamine hydrochloride otherwise commonly known as ‘Ice’.
In relation to Charge 2 on the same date, at the same location but as I mentioned this time in Room 614 together with other person or persons unknown, you unlawfully trafficked in 5.92 kilogrammes of a crystalline solid containing 5.86 kilogrammes of methamphetamine hydrochloride.
In relation to the Summary of Facts which you have admitted in support of these two charges, they are as follows. On the afternoon of 30 September 2021, a team of police officers mounted an anti-narcotics operation outside the premises of Room 614.
At about 1945 hours that same day, an officer saw you leaving the premises holding a paper bag in your hand. As you walked towards the lift lobby, you were intercepted. Found inside the paper bag contained two resealable plastic bags containing the quantity of drugs as stated in Charge 1.
Upon arrest and cautioned by the officers, you stated that you were instructed by Ah Gor to deliver 1.5 kilogrammes of ‘Ice’ to someone downstairs and that you would receive a $2,000 reward for that job. After a body search, found were two mobile phones, cash of $1,100 and a bunch of keys to the premises at Room 614.
On the strength of a search warrant, at about 1954 hours, police officers entered your premises with you. A search of the flat was conducted. In the flat was found six resealable plastic bags containing the quantity of drugs as stated in Charge 2.
Also found were drug trafficking paraphernalia that is, two electronic scales, a spoon, a marker and multiple empty resealable plastic bags. Cash of $31,900 was also found inside a shoebox in your bedroom.
Under caution in a video-recorded interview, you stated that you were unemployed approximately a year ago and a friend had introduced you to a person to earn quick money. In mid-2021, a person called Ah Gor phoned you and told you he had a job for you in September 2021. You were instructed to buy a new prepaid SIM card for contact. You were then contacted Ah Gor through this new number.
Approximately two weeks before you were arrested, you were instructed by Ah Gor to go to a warehouse in San Po Kong to retrieve these drugs. You were told to then wait for further instructions regarding delivery of the drugs from Ah Gor and that you would receive a reward of $2,000 for delivery of each packet of drugs.
You knew that the dangerous drugs were ‘Ice’ and upon Ah Gor’s instructions, you had weighed each packet of ‘Ice’ and marked the weight of the ‘Ice’ on the plastic bags and bought the electronic scales and marker for such purpose.
When you were arrested, you were on the way to deliver the 1.5 kilogrammes of ‘Ice’ to a person downstairs on the instructions of Ah Gor. When the officers had entered the premises, they had found a female who you stated was your girlfriend. You told the officers that she knew nothing about the dangerous drugs found in the premises.
The estimated street value of all the drugs found, that is in Charge 1 and Charge 2 was $6,013,920 as of September 2021.
Defendant, you are now 23 years old. At the time of commissions of these offences you were 20 years old and at that time, a young man with a clear record. You had been educated up to secondary Form 3 and lived with your girlfriend, and had worked as a transportation worker and a waiter.
Mr Ernest Yuen, your counsel has mitigated on your behalf. Clearly, the reason for you to have committed this offence was because you were lured by bad peers with a view to earn quick money. As is submitted by Mr Yuen, this is a very sad case for a young man like you with a clear record to have committed such a very serious offence on your first conviction.
Your mother and your sister have written letters of mitigation on your behalf and clearly you have a very supportive mother and sister. Your father sadly had left you as a result of the divorce with your mother some 10 years ago and your mother and you had relied on government assistance. When your sister graduated, she then took on the burden of providing for yourself and your mother.
Despite receiving a builder apprenticeship at an air-conditioning company, unfortunately, you were exploited and you soon left that job. Not only sadly, you were exploited by your employers, you were exploited by others whom you considered acquaintances or friends. Although you probably wanted to earn some income for your family, as your sister says, unfortunately during this period you fell into the wrong company.
From your letter you have written to this court, I can see that you are deeply remorseful for your involvement in these very serious criminal activities, reflected on yourself and have decided to turn a new leaf and make amends.
I do hope that what you have said that you will do, you will truly do because, as you know, for this very large quantity of drugs that you were trafficking in, you will be spending a very lengthy time in prison.
You have recognised the unwavering dedication you have had from your mother and sister and you recognise that you now have a sense of responsibility and commitment to live an honourable and law-abiding life.
With that in mind, you have undertaken to do your best and when you are eventually reintegrated into society, you will be diligent and seek gainful employment.
Defendant, as I have mentioned and your counsel has mentioned, the quantity of drugs that you were trafficking in can be considered to be a very large amount. The type of drugs that you were trafficking is methamphetamine hydrochloride which is commonly known as ‘Ice’ and the leading case for trafficking in ‘Ice’ is that of Tam Yi Chun. However, for amounts of over 600 grammes, the tariffs as prescribed by Abdallah are relevant.
In this case, defendant, I shall firstly sentence you for each charge individually and then look at the principle of totality and take a global sentence.
Now for Charge 1, you had been trafficking in 1.439 kilogrammes or in other words, 1,439 grammes of ‘Ice’. That would fall within the bracket as stated in Abdallah of between 1,200 to 4,000 grammes which would attract a term of imprisonment of between 23 to 26 years’ imprisonment after trial.
In this case, you were a courier and a storer of the drugs. There are no aggravating features in this case to enhance the starting point. Had you been convicted after trial for Charge 1, I would have taken a starting point of 23 years’ imprisonment. Your strongest mitigating factor is your early plea of guilty at the first opportunity to which you shall be rewarded the full one-third discount. In the circumstances, for Charge 1, you should be sentenced to 15 years and 4 months’ imprisonment.
For Charge 2, you had been trafficking in 5.86 kilogrammes or 5,860 grammes of ‘Ice’. That would fall within the bracket of 4,000 to 15,000 grammes as stated in Abdallah which would attract a starting point after trial of between 26 and 30 years’ imprisonment.
Had you been convicted after trial, I would have taken a starting point of 26 years and 6 months’ imprisonment. There are no aggravating factors. The strongest mitigating factor is your plea of guilty to which I shall award the one-third discount. So for Charge 2, you shall be sentenced to 17 years and 8 months’ imprisonment.
In looking at the principle of totality, for both Charges 1 and 2, you were trafficking in a total of 7,299 grammes or 7.29 kilogrammes of ‘Ice’. That falls within the same bracket of between 4,000 and 15,000 grammes to which a sentence of 26 to 30 years’ imprisonment is appropriate after trial.
In the amount of 7,299 grammes of ‘Ice’ had you been convicted after trial, I would have taken a starting point of 27 years’ imprisonment. Giving you full credit for your plea of guilty, that term should be reduced by one-third to which you shall serve 18 years’ imprisonment.
To reflect the 18 years’ imprisonment, I order 4 months of Charge 1 to run consecutive to Charge 2 and the remaining term to run concurrent which means a term of 18 years’ imprisonment.