COURT: The defendant has pleaded guilty to one count of attempting to traffic in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance and section 159G of the Crimes Ordinance.
On 31 July 2021, the defendant went to Mei Lam Post Office with the intention of collecting a parcel. He presented to the staff his ID card and a notification card from the post office. He took the parcel away. Shortly after he left the post office, he was intercepted by customs officers.
Under caution, the defendant admitted that he collected the parcel on behalf of a person. Inside the parcel there was a bottle containing 720 grammes of cocaine in liquid form. Upon examination of the defendant’s mobile phone, it was discovered that the defendant was fully aware of the fact that the bottle contained dangerous drugs in question.
The defendant is now 23, single, educated up to Form 3 level. Prior to his arrest, he was a construction worker. He has a clear record.
Mitigation letters from parents have been produced. Essentially, they feel sorry for the defendant and asked the court to be as lenient as possible. I understand their wish, however, I am very much bound by the guidelines laid down by the Court of Appeal in respect of trafficking in dangerous drugs.
The notional starting point for trafficking in 720 grammes of cocaine in my view is one of 20 years and 6 months’ imprisonment. In this case, without further evidence pointing to the contrary, the defendant is deemed to be confined to the role of a courier. The defendant is therefore sentenced on this basis.
Apart from his plea, I do not see any other mitigation in this case. For the offence the defendant stands convicted, he is therefore sentenced to 13 years and 8 months’ imprisonment.
