COURT: The defendant had pleaded guilty to one count of trafficking in a dangerous drug. The charge charged him on 23 September 2021 at a roundabout in Ngau Tau Kok, unlawfully trafficked in a dangerous drug, namely 36 plastic bags containing 200.87 grammes of a crystalline solid containing 196.13 grammes of methamphetamine hydrochloride.
The facts of the case is that on 23 September 2021, police officers mounted an anti-narcotics operation at the roundabout between Tak Pui House and Tak Yu House in Ngau Tau Kok. Shortly before 4.35 in the afternoon, a private car was parked at the roundabout and you were the driver acting in a furtive manner. You were intercepted and upon the search of the vehicle, one cotton bag containing 24 plastic bags containing 40.37 grammes of a crystalline solid containing 39.43 grammes of methamphetamine was found inside the compartment of the driver door. Another paper bag with flower pattern containing eight plastic bags containing 107.2 grammes of a crystalline solid containing 104.6 grammes of methamphetamine as well as one black paper box with multiple colour prints containing four plastic bags containing 53.3 grammes of a crystalline solid containing 52.1 grammes of methamphetamine were found at the front passenger’s seat.
After these suspected drugs were found, you were arrested and under caution, you admitted you trafficked in dangerous drugs for remuneration because your daughter had just born and you were in need of money.
In a subsequent video interview, you admitted the following. You said that you had just lost your job and had two daughters, therefore you trafficked in the drugs for a monetary reward. You claim you got acquainted with an unknown male in a bar in Mong Kok and he offered you a job to traffic in dangerous drugs for a return.
At around 3 o’clock in the afternoon on 23 September 2021, you arrived at Portland Street in your vehicle and an unknown male passed you four bags and they were to be delivered to Tak Long, Lam Tin and Po Lam, and you claimed you would receive $1,000 as the remuneration for each of the locations.
You knew three of the four bags contained methamphetamine but had no idea of the quantity or value of the drugs. You also do not know who packed or processed the drugs. You yourself did not pack or process them.
You said you were instructed to deliver the black box to someone at Tak Long at 4 o’clock in the afternoon, the cotton bag to somebody at Lam Tin, and the paper bag with flower pattern and the other bag which contained no drugs to somebody at Po Lam.
You said the vehicle was rented from a garage in Cheung Sha Wan for about 10 days and the rental cost is $5,000.
Both you and the garage had a key and you had not lent the car to anyone else. You also expressed that you were not a drug addict.
The suspected dangerous drug was confirmed to be a total of 200.87 grammes of a crystalline solid containing 196.13 grammes of methamphetamine.
The estimated market value is $163,909.92.
You now admitted that on the day in question, at the roundabout you trafficked unlawfully in the dangerous drug particularised in the charge.
According to Tam Yi Chun [2014] 3 HKLRD 691, for 70 to 300 grammes of methamphetamine, it was suggested 11 to 15 years is the sentence that one should look at. From a pure mathematical calculation, for 196-odd grammes of methamphetamine hydrochloride, and in particular I accept from your counsel that I should treat you as a courier as there is no evidence to suggest otherwise. I adopt a starting point of 13 years and 3 months.
You were born in Hong Kong, you are now aged 32. You are married with two daughters and no doubt you had family responsibilities. You had explained that the reason why you commit the present offence is due to financial difficulty.
You were a driver assistant or a part-time transport worker shortly before your arrest for the present offence and you explained both to the police and also through your counsel that because you are in urgent need of money to cover family expenses that you were lured into committing this serious offence.
You had a previous conviction of burglary in 2007. I reckon you were at that time about 16 years of age. I am told and I accept you still have support from your family members. I have before me a bundle of letters written by nearly all family members around you, showing that they still support you and hope you can turn a new leaf after your release from prison. They have said everything that can be said on your behalf in pleading for leniency.
I must say for offences as serious as such, these pleas in mitigation by your family members do not count much. After all, you had ran into trouble with the law before, although at that time you were only 16 years old. Secondly, at the age of 32, had received education up to Secondary 5 and had worked. I am sure you are mature enough to appreciate for such a serious offence that you have committed, you have to go to prison for a long time.
I see no other mitigating factors in this case except your timely plea. I will give you one-third discount from the starting point that I have adopted, therefore I sentence you to a term of imprisonment for 8 years and 10 months.