COURT: The defendant has pleaded guilty to two counts of trafficking in dangerous drugs, contrary to section 4 of the Dangerous Drugs Ordinance. She is committed to this court for sentence.
In the evening on 9 April 2021, the defendant was intercepted by police officers outside Block 51, City One Shatin. A search on her found 284 grammes of heroin hydrochloride. The defendant was then escorted back to her residence at Block 51. With the key found on the defendant, police officers gained entry into the apartment. Inside the apartment, police found a further 5,232.19 grammes of heroin hydrochloride and a number of drug paraphernalia.
Under caution, the defendant admitted that she used her apartment as a storage facility. She would also repackage the dangerous drugs in question and deliver those drugs upon further instruction.
The street value was estimated to be about HK$7.4 million.
The defendant is now 28, divorced, and educated up to Form 3 level. She has one criminal record unrelated to drugs.
The guidelines on sentencing are clear. The notional starting points for trafficking in 284 grammes and 5,232 grammes of heroin are 159 months and 317 months’ imprisonment, respectively.
I have read Ms Cheng’s submissions and I agree with her submission that given the drugs found on the defendant’s person were part and parcel of the drugs found in her apartment, and as the two offences were closely connected in time and circumstances, a combined approach would be appropriate in determining the overall starting point by reference to the total quantity of the narcotics seized.
Mitigation letters from the defendant and her father have been produced. The father, essentially, asked the court for leniency. I understand, as a father, his pain in seeing his daughter going down the path in life as she did. However, my hands are tied by the guidelines set down by the Court of Appeal.
By combining the sentences in Charge 1 and Charge 2, the notional starting point for trafficking in 5,516.19 grammes of heroin would attract a sentence of 318 months. That is a very lengthy sentence and I simply hope that given her age the defendant will treasure the chance and honour her words in answering her father’s wish.
After a full one-third discount the sentence will be reduced to 212 months. I have also this morning received a letter from Father John Wotherspoon. He stated in that letter that the defendant had made some valuable contribution to his campaign in fighting drug trafficking. Father Wotherspoon asked on behalf of the defendant for a three-month reduction of sentence. I have no problem with that.
As such, for the two offences, the two charges that the defendant stands convicted, she is, therefore, sentenced to 209 months’ imprisonment. That is 17 years and 5 months.
