COURT: The defendant has pleaded guilty to two counts of trafficking in a dangerous drug and one count of manufacturing a dangerous drug, contrary to sections 4 and 6 of the Dangerous Drugs Ordinance respectively.
In the evening of 25 November 2021, the defendant was intercepted by police officers outside one industrial building in Kwun Tong. A search on the defendant found 105 grammes of cocaine.
Under caution, the defendant admitted that he was on his way to deliver the cocaine in question. He was then escorted back to a room in the industrial building, where 544 grammes of cocaine hydrochloride, 219.69 grammes of cocaine and a number of drug paraphernalia and apparatus were found. The defendant admitted that the apparatus was used for manufacturing dangerous drugs.
The street value of all the cocaine seized in question was estimated to be between HK$1,220,000 to HK$1,370,000.
The defendant is now 26, educated up to diploma level. Prior to his arrest, he was unemployed. Mitigation letters from the defendant, his parents and relatives had been produced. I have read them all. Understandably, they asked for a lenient sentence. I understand their wishes, however, I am bound by the sentencing guidelines laid down by the Court of Appeal.
Given the circumstances of his arrest and the seizure of the drugs in question, Counts 1 and 2 can be treated as one continuous event and dealt with together. The notional starting point for trafficking in 868.69 grammes of cocaine, based on quantity alone, will be one of 21 years and 3 months.
The defendant in this case was not acting simply as a courier, and he was effectively running a manufacturing and distribution centre. Because of that, the sentence is increased to one of 23 years’ imprisonment. The defendant will be given the full one-third discount for his earliest plea.
As such, for Counts 1 and 2, that sentence is reduced to one of 15 years and 4 months each, to be served concurrently.
Regarding the sentence on Count 3, given the manufacturing aspect has been subsumed into the trafficking charge. As such, he is also sentenced to 15 years and 4 months’ imprisonment.
In conclusion, for the three counts of offences, the defendant stand convicted. He is sentenced to 15 years and 4 months’ imprisonment. All sentences are to be run concurrently with each other.