COURT: The defendant pleaded guilty to one count of trafficking in a dangerous drug involving 238.64 kilogrammes of cannabis in herbal form.
At about 12.14 pm on 5 February 2021, the defendant came out of a unit in Mai Po San Tsuen, Lok Ma Chau, I will refer to it as “the Unit”, and got into a vehicle. He was then intercepted by the police. The key to the Unit was found on the defendant, and the tenancy agreement and rental receipt showing that the defendant was the tenant of the Unit was found in the vehicle. The police then gained access to the Unit and found the following:
(i) 21 black cloth bags stacked on the floor containing a total of 480 transparent plastic bags and seven other transparent plastic bags placed inside a cabinet, containing a total of 238.64 kilogrammes of cannabis in herbal form;
(ii) one bag sealing machine, one roll of plastic wrap and four rolls of adhesive tapes on a desk;
(iii) four rolls of plastic wrap in a wooden rack; and
(iv) one bag sealing machine with a roll of plastic
bags inside, and some plastic bags on one
stack of the aforesaid black cloth bags.
On 9 November 2020, the defendant had signed the tenancy agreement of the Unit to rent the Unit for the period between 17 November 2020 and 16 November 2022.
The cannabis in question had a street value of $46,774,636.
The defendant is 44 years old. He was born and brought up in Hong Kong, and received formal education up to Form 3. After leaving school, he worked as a kitchen assistant and a delivery van driver. Since 2020, the defendant co-owned a car rental business and his income was then around HK$35,000 per month. However, his income was substantially reduced during the pandemic.
The defendant was married in 2014, he has one son, who is now 11 years old. The defendant was the sole breadwinner of the family. The defendant’s mother, now aged 70, is also financially dependent on the defendant. I have read the letters written by the defendant’s wife, sister and mother, and they all speak to the defendant being a responsible father, that he is truly remorseful and has developed a strong Christian faith during his time in custody.
The defendant has previous criminal records but none of them are drug related.
The sentencing approach in trafficking cases is set out by the Court of Appeal in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290 and HKSAR v Lee Ming Ho [2024] HKCA 150. I therefore follow the six-step sentencing approach set out in Yusuph.
The first step is to identify the relevant guideline band or bracket applicable to the quantity of drugs concerned. Given that the present offence was committed in 2021, the revised tariff as set out in HKSAR v Nguyen Thang Loi and Another [2023] HKCA 103, is not applicable. I have considered the sentences passed in HKSAR v Chong Chak On CACC 633/1994, where a starting point of 20 years’ imprisonment was adopted for trafficking 388 kilogrammes of herbal cannabis, and HKSAR v Law Wing Nin HCCC 129/2018, where a starting point of 9 years’ imprisonment was adopted for trafficking in 148 kilogrammes of herbal cannabis. I accept the submissions of Mr Gordon Wong for the defendant that the appropriate starting point in this case is one of 13 years’ imprisonment.
On the evidence, there is nothing to suggest that the defendant had any further role beyond the culpability of an ordinary storekeeper. I therefore assess his culpability on that basis. I do not see any basis for departing from the starting point of 13 years’ imprisonment.
I have borne in mind the observations of the Court of Appeal in both HKSAR v Abdallah [2009] 2 HKLRD 437 at paragraph 32 and Yusuph at paragraph 44, where the Court of Appeal stressed the seriousness of drug trafficking and the problems that it brings to families and communities. Although I accept that the defendant is genuinely remorseful and had taken steps to improve himself whilst in prison, personal circumstances in cases of this nature do not constitute mitigating factors and cannot provide the defendant with any further sentencing discount.
The main mitigating factor in this case is the defendant’s guilty plea. He is entitled to a one-third discount off the starting point which brings the sentence down to 8 years and 8 months’ imprisonment.
Defendant, I sentence you to 8 years and 8 months’ imprisonment.