COURT: The defendant has pleaded guilty to two counts of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance, in the Magistrates’ Court. He is committed to this court for sentence.
On 13 June 2022, the defendant was intercepted by customs officers next to a car in Tai Po, New Territories. In the front passenger seat of that car, customs officers seized 85.4 grammes of heroin, 2.32 grammes of methamphetamine hydrochloride, and 1.35 grammes of ketamine and some paraphernalia. In another car which was driven by the defendant to the location, customs officers seized another 42.8 grammes of heroin. Under caution, the defendant stated that he was delivering those drugs for financial gain.
The street value of the heroin was estimated to be around HK$199,000.
The defendant is now 30, educated up to Form 3 level, married with two children. He also enjoys a clear record. Prior to his arrest, he was working in the car repair
business. Because of COVID, he lost his job and resulted in delivering drugs to support his family. The defendant has also written a mitigation letter to the court. To put it succinctly, he pleads for leniency.
I have read your mitigation letters and also the certificates that were submitted this morning. I understand your wish. However, my hands are tied by the authorities set by the Court of Appeal.
Based on the Summary of Facts and without more evidence, I accept that the defendant’s role is confined to a courier. Given the small amounts of the other two dangerous drugs, ie ‘Ice’ and ketamine, and for the purpose of sentencing exercise, this court is prepared to only consider the amount, the quantities in heroin.
Guidelines on sentencing are clear. The starting point for trafficking in 85.4 grammes of heroin is one of 107 months. Given the defendant’s plea for the 1st count the defendant stands convicted, he is therefore sentenced to 71 months’ imprisonment.
The starting point for trafficking in 42.8 grammes of heroin is one of 90 months’ imprisonment. Again, given the defendant’s plea, the sentence is reduced to one of 60 months. Given the total quantity of heroin in this case, ie 128.2 grammes of heroin, the starting point for that would be about 10 years, ie 120 months’ imprisonment.
As such, it is ordered that 9 months of Count 2 will run consecutively to Count 1, making a total of 80 months’ imprisonment.