According to the particulars of the offence, on the 10th day of January 2023, in a premises in Lei Yue Mun Estate, he unlawfully trafficked in 152.26 grammes of cocaine narcotic.
In respect of the Summary of Facts in support of the charge, he was intercepted by the police on 10 January 2023 and was taken back to his residence for a search. During the search, the police found three plastic bags of cocaine as particularised in the charge in his residence. And he admitted under caution that those drugs belonging to him.
The street value of the drug seized in this case is estimated to be $217,140 if the cocaine was in powder form and $271,883 if the cocaine was in crack form.
He now accepts and admits that all the cocaine seized from his residence were possessed by him for the purpose of unlawful trafficking.
The defendant is now 32 years of age. He has studied up to Form 3 and he is single. Counsel informed me that he is the only child of the family.
He has one previous conviction for the offence of trafficking in dangerous drug, and on 28 September 2012 he was sentenced to 4 years and 4 months’ imprisonment for that offence. At that time, he was 19 years old. He was last convicted of the offence of wounding in May 2022.
In mitigation, counsel Ms Liza Yip informed this court that he used to work as a chef in Japanese restaurant until year 2020 and then he became unemployed. Later he was engaged in part‑time jobs and he contributed some money to his parents to support the family.
On 5 May 2022, he was convicted of the wounding offence and was sentenced to 8 months’ imprisonment. He was released in October 2022. Since then he became unemployed and he committed the present offence in order to earn quick money.
Counsel also informed this court that during the period of his detention for the present offence, his mother was diagnosed to suffer from tumours.
Counsel referred this court to the Summary of Facts and pointed out the fact that no packaging paraphernalia was found in the premises. She urged this court to accept his role was simply one of a courier or a storekeeper which is at the bottom of the drug trafficking hierarchy.
In respect of his previous conviction for trafficking in dangerous drug, counsel submitted that it occurred more than a decade ago. Even though the present offence was committed shortly after he was discharged from prison, counsel urged this court not to treat his previous conviction for trafficking in dangerous drug and the recent offence as any aggravating factor, and not to increase the sentence or the starting point for those reasons.
In mitigation, a total of three letters were also submitted to this court to plead for leniency, including a letter from the defendant himself, his mother, and from the Caritas Youth and Community Service which provided counselling service to his family - indeed it provided counselling service to families of prisoners arrested for drug offences.
In sentencing the defendant, I bear in mind the approach set out by the Court of Appeal in the case of HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290. This case involved a total of 152.26 grammes of cocaine narcotic, and according to the guideline, on an arithmetic calculation the starting point should be one of 10 years and 8 months’ imprisonment.
In this case, having considered the facts of the case, I agree with counsel that his role was simply one of a storekeeper and that in the circumstances, I will adopt 10 years and 8 months as the notional starting point after trial.
I have taken into account the fact that his previous offence for trafficking in dangerous drug occurred more than 12 years ago in 2012, and I do exercise my discretion not to enhance the starting point for that matter.
However, the only mitigating factor is his early plea of guilty which would entitle him to the full one-third discount. Other than that, I do not see any meaningful mitigation that can be advanced on his behalf.
So after the one-third discount, he is sentenced to 7 years and 1 month’s imprisonment for the present offence and that is the sentence that I impose on him. 7 years and 1 month.