COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance, and one count of driving a motor vehicle with any concentration of a specified illicit drug, contrary to section 39(K) of the Road Traffic Ordinance, Cap 374.
In the evening on 8 March 2021, the defendant who was driving at the time was intercepted by police officers on motorcycle duty. The defendant was seen to be unfocused upon questioning. A rapid oral fluid test indicated the presence of methamphetamine, ie, ‘Ice’.
Inside the defendant’s car, police officers found a total of 40.97 grammes of ‘Ice’ in three plastic bags. Subsequent blood test showed 0.18 microgrammes per millilitre of ‘Ice’ in the defendant’s blood sample.
The defendant is 37, educated up to Form 3 level. Prior to his arrest, he was a delivery assistant. He has nine criminal records, three relating to drugs and one similar to Count 1.
The notional starting point for trafficking in 40.97 grammes of ‘Ice’ is one of 9 years’ imprisonment. The defendant, as I stated, has one previous similar record. An additional 6 months would be given.
The defendant of course has pleaded guilty at the earliest opportunity, that would reduce the sentence to one of 6 years and 4 months’ imprisonment. As I indicated, given the fact that the defendant could obtain drugs without any difficulty, despite the fact that self-consumption was claimed, in my view, only a small discount could only be given. In this particular case, 4 months would be given. I think that is a very generous discount.
In relation to the 2nd count, the maximum sentence on that item is one of 3 years’ imprisonment. The ‘Ice’ level in the blood is 0.18 microgrammes per millilitres, twice the amount in the case of Chan Hon Hoi in which the Court of Appeal stated the mischief and the seriousness of the offence in question.
In terms of toxicity, I am sure the toxicity of ‘Ice’ exceeds the toxicity of ketamine. In the Chan Hon Hoi case, the defendant in that case was found to have 0.07 microgrammes per millilitre of ketamine in his blood. The defendant in this case of course did not cause any traffic accident. No pedestrian or other road users were injured. He was also not driving erratically at the time. He was however noted to be unfocused on questioning by the police officers.
In view of all that, a starting point of 18 months would be adopted as the notional starting point. Given the defendant’s plea, the sentence is again reduced to one of 12 months.
The two offences are two separate and distinguishable offences and bear no relationship to each other. As such, the 12 months imposed on the 2nd count is ordered to run consecutively to the sentence imposed on Count 1. For the two offences that the defendant stands convicted, he is therefore sentenced to a total of 7 years’ imprisonment. The defendant is further ordered to be disqualified from obtaining a driving licence for a period of 2 years.
