COURT: The defendant pleaded guilty to a charge of trafficking in a dangerous drug, contrary to Section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, on 9 May this year before a magistrate. It is alleged that on 15 August 2023, in Mong Kok, he unlawfully trafficked in 252.7 grammes of methamphetamine hydrochloride, commonly known as ‘Ice’.
According to the summary of facts to which he agreed at the time of the plea, at about 1.00 am on 15 August 2023, a team of police officers were conducting anti-crime patrol in Mong Kok. They found a private vehicle driven by the defendant outside No 139 Sai Yee Street.
Upon search of the vehicle, they found six transparent resealable plastic bags containing the drug particularised in the charge, that is, a total of 260.4 grammes of a crystalline solid containing 252.7 grammes of methamphetamine hydrochloride was found in those bags. They were all found on the carpet of the front passenger seat of the vehicle.
At the time, police also found cash in the sum of $48,500, ¥800 and two mobile phones from various locations near the driver’s seat. On the person of the defendant, they also found cash of $18,531.10 and another two mobile phones. Two mobile phones were found on the car and two mobile phones were found on his person.
He was arrested and cautioned for the offence of trafficking in a dangerous drug. In a subsequent video-recorded interview, the defendant said it was “Chan Chai” who asked him to deliver the drug. “Chan Chai” gave him the drug in Mong Kok and asked him to wait for a call for further instructions at Sai Yee Street. So he stayed outside No 139 Sai Yee Street because “Chan Chai” asked him to deliver the drug and somebody would collect it. He knew that the drug was ‘Ice’ even though he did not open the bag that “Chan Chai” had given him.
He said the vehicle was borrowed from his elder brother and he was the only person responsible for driving the vehicle at the material time. He said all the money and the mobile phones found in the car and on his person belonged to him. He kept the money separately because he was worried that he would lose the money altogether.
The street value of all the drug found was about $119,524.
And, by his plea, he now admits and accepts that at the material time he had unlawfully trafficked in all the dangerous drug seized on that day.
The defendant was 46 years old at the time of the offence and he is now 47 years old. He has received education up to Form 5. He has a number of criminal records, a total of five sets of criminal records involving altogether 16 convictions, including two convictions for the offence of trafficking in dangerous drug.
I was informed by defence counsel Mr Stephen Fong that in respect of his first conviction for trafficking in dangerous drug on 24 November 2004, for which he was sentenced to 8 years’ imprisonment, the dangerous drug involved was cocaine. In respect of his second conviction for the offence of trafficking in dangerous drug, for which he was convicted on 1 November 2013 and sentenced to a total of 6 years’ imprisonment, the dangerous drug involved was one of ‘Ice’, that is, the same as the present offence.
Counsel said that since he finished schooling, he was involved in various casual jobs until the time he was released from prison in the middle of 2016. Then he became a self-employed light goods vehicle driver, earning an average monthly income of around $20,000.
Counsel urged this court to take into account his plea of guilty at an early stage, saying that he was cooperative with the police. The fact was that he committed the offence out of financial difficulty because his light goods vehicle was damaged about two months before the date of the offence. He was unable to continue to work and was in urgent need of money to repair the vehicle. Therefore, he was involved in the offence in order to earn quick money.
Now, in sentencing the defendant, I bear in mind the principles stated by the Court of Appeal in the cases of Herry Jane Yusuph [2021] 1 HKLRD 290 and Lee Ming Ho [2024] 1 HKLRD 1186.
According to the guideline case of Tam Yi Chun [2014] 3 HKLRD 691, the starting point after trial for trafficking in 70 to 300 grammes of ‘Ice’ should be 11 to 15 years’ imprisonment. The present case involved a total of 252.7 grammes of ‘Ice’ narcotic. On the arithmetic calculation, the starting point should be one of 14 years and 2 months’ imprisonment.
The arithmetic starting point would be appropriate for persons at the lowest bottom of the trafficking hierarchy, such as couriers and storekeepers. In the circumstances of this case, on the facts I am satisfied that the role of the defendant was one of a courier and that the arithmetic starting point is applicable to him. Therefore, I will appoint 14 years and 2 months as the notional starting point after trial.
The defendant has a total of two trafficking in dangerous drug convictions. His last conviction was in 2013, and it was also related to the drug of ‘Ice’. He was only discharged in the middle of 2016 and then he committed the present offence in 2023.
Taking into account all the circumstances and his criminal convictions, in particular the two convictions for the offence of trafficking in a dangerous drug, I am of a view that his criminal record should be considered as an aggravating feature which entitles me to increase his starting point further. For that reason, for being a persistent offender, I will add 6 months to the starting point. Therefore, the starting point to be adopted after trial should be one of 14 years and 8 months’ imprisonment.
The defendant pleaded guilty at an early stage, and he is entitled to a full one-third discount. Other than that I do not see any other mitigating factor. So, giving him the full one-third discount from the starting point, he is sentenced to 9 years and 9 months’ imprisonment. 9 years and 9 months’ imprisonment. And that is the sentence I impose.
