COURT: The defendant has pleaded guilty to one count of trafficking in dangerous drugs, contrary to section 4 of the Dangerous Drugs Ordinance. He is committed to this court for sentence.
Summary of Facts reveals the following:
On 14 October 2021, police officers on car patrol duty along Tuen Mun Road noticed the defendant was trying to discard dangerous drugs from his car. The defendant was then intercepted by police officers. Four bags of dangerous drugs were subsequently found on the roadside. They contained 28.6 grammes of methamphetamine and 43.26 grammes of ketamine.
The street value was estimated to be around HK$69,000.
The defendant is now 31, single, educated up to Form 1 secondary school level. He has five criminal records, all unrelated to dangerous drugs. Prior to his arrest, he was a construction worker making 25,000 per month.
Mitigation letter from parents have been produced to this court. I have read your parents’ mitigation letters, they plead for leniency on behalf of the defendant. I understand their wish, however, I am also bound by the guidelines set by the Court of Appeal.
Counsel from both sides very kindly have calculated the length of imprisonment term under different tests. They came to the agreement that the sentencing term should be one between 8 years and 1 month and 8 years and 9 months.
Nothing in this case indicated that the defendant’s role was more than a courier and in light of that, 8 years and 1 month will be adopted as the starting point. A one-third discount will be given for his plea.
For the sole offence that the defendant stands convicted, he is therefore sentenced to 64 months’ imprisonment.