COURT: The defendant has pleaded guilty to one count 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.
In the early hours on 21 July 2022, the defendant was intercepted by police officers at Kwai Chung Estate. Upon a body search, 34.32 grammes of heroin and 0.09 grammes of midazolam were found inside his trousers pocket. Under caution, the defendant admitted that he was delivering the heroin in question to Yau Ma Tei.
The street value was estimated to be over HK$42,000.
The defendant is now 48, educated up to Form 1 level. He has 12 criminal records with multiple offences, four in particular relating to the offence of possession of dangerous drugs.
Notional starting point for trafficking in 34.32 grammes of heroin is one of 82 months’ imprisonment. Without further evidence pointing to the contrary, this court is prepared to accept that the defendant was acting as a courier at the material time.
For the purpose of sentencing, the 0.09 grammes of midazolam is also ignored.
However, this is not his first conviction involving dangerous drugs. He has, as I said, four dangerous drugs record. In addition, the defendant also committed the present offence whilst he was on court bail in relation to the conviction described in item 12 of his criminal records. For that, the sentence is enhanced to one of 90 months’ imprisonment.
The defendant of course is entitled to the full one-third discount for his earliest plea.
In conclusion, for the offence the defendant stands convicted, he is therefore sentenced to 60 months’ imprisonment.