COURT: The defendant pleaded guilty at the committal stage to one count of trafficking in a dangerous drug. The particulars of the offence are you, on 30 January 2022, in Sham Shui Po, unlawfully trafficked in a dangerous drug, namely, 39.4 grammes of a crystalline solid containing 39 grammes of methamphetamine hydrochloride. You also admitted on the same occasion a set of Summary of Facts prepared by Mr Ngai of the Department of Justice.
The facts are as follows. On 30 January 2022, at 0147 hours, police officers conducted an anti-crime patrol at Pei Ho Street, Sham Shui Po. They spotted that you acted furtively outside No. 52 of Pei Ho Street. You were intercepted and upon search, inside your left sock, one plastic bag containing 13.5 grammes of a crystalline solid containing 13.4 grammes of methamphetamine hydrochloride. Inside your right sock, two plastic bags containing a total of 12.6 grammes of a crystalline solid containing 12.4 grammes of methamphetamine hydrochloride and another bag containing 13.3 grammes of a crystalline solid containing 13.2 grammes of methamphetamine hydrochloride. You were arrested and in your possession $497.30 and a mobile phone.
Under caution at the scene, you remained silent. In a subsequent video-recorded interview, you only admitted the cash found upon you when arrested was your own money and you refused to answer any further question.
Government chemist confirmed that the packets found on you contained a total of 39.4 grammes of a crystalline solid containing 39 grammes of methamphetamine hydrochloride.
The market value of the dangerous drug found on you was $23,049.
For the quantities of drugs involved, you fall within the sentencing range of 7 to 11 years (see the case of Tam Yi Chun).
You are now 55 years old with previous convictions relating to drugs, including one for possession of dangerous drugs for the purpose of unlawful trafficking in 1989. On that occasion, you were sentenced to a term of imprisonment but suspended. Your last conviction was on 24 August 2022 for possession of dangerous drugs and as submitted by you through your counsel, that you committed the present offence while you were on bail for the offence convicted in August 2022. In my view, this aggravates the present offence.
At the time of the offence, you were unemployed according to the antecedents statement which you admitted. Though it is submitted on your behalf, you were a casual cleaning worker and you claimed that your monthly earning is around $18,000.
You were married with one son and live in So Uk Estate and you were intercepted by police in the early hours in the morning on the 30th in Sham Shui Po. From your record and the memo from the Correctional Services Department which was submitted to me, I have no doubt you are a drug addict and I suspect that you committed the present offence in order to support your own vice habit. However, this does not mitigate the gravity of the offence which you have committed and admitted before me.
Through your counsel, you claimed part of the drugs found was for your own consumption. I indicate that I do not accept just through counsel submission that a significant part of the drugs found on you were for your own consumption, but my invitation for a Newton hearing was declined.
Guided by the factors mentioned at the Wong Suet Hau & Another, CACC 366 and 487/2000, namely, the quantity and value of the drugs, general circumstances including how the drugs were wrapped and how many packets were found, more importantly where the drugs had been discovered, whether at a residential address owned or rented in your name or in someone’s name or whether they were carried in a public place. Fourth, the presence of paraphernalia associated with drugs, including on the one hand items used for packaging, weighing and diluting drugs, and on the other items used for consumption.
Fifthly, whether you are a drug addict or habitual user. Explanation given by you upon your arrest and after your arrest in interview, your general means, and ability to pay for the drugs, otherwise than by trafficking in them. And finally, your record in relation to previous drug offences.
Guided by these factors, I am not satisfied that some of the drugs, let alone a significant portion, was for your own consumption. Hence, I will give you no discount for this claim. I, however, accept that you are in the lowest category of culpability, namely, a courier.
For the quantity of ‘Ice’, 39 grammes, the initial starting point would be, and I beg to differ from your counsel, will be 8 years and 11 months.
In the circumstances of this case, your background, in particular your record and the aggravating feature that you committed the present offence while you were on bail for another dangerous drugs case, I adopt a starting point ultimately 9 years and 6 months. There is no other mitigating factors except your timely plea for which I will give you a full one-third discount.
You are therefore sentenced to a term of imprisonment for 6 years and 4 months.