COURT: The defendant pleaded guilty to one count of trafficking in a dangerous drug on 5 September 2024. He was committed to the Court of First Instance for sentence. Today he confirms his plea and admission of the Summary of Facts.
The particulars of the offence are that the defendant on the 10 January 2023, at Flat D, 10th Floor, On Shing Industrial Building, Wo Liu Hang Road, Sha Tin, unlawfully trafficked in a dangerous drug, namely 14,828.02 grammes of a solid containing 10,939 grammes of cocaine.
The facts are that the defendant was arrested during an anti-narcotics operation targeting the defendant and a room in Flat D of the offence location. The police waited for him to enter Room O of Flat D and intercepted him pulling a plastic box out of the room. In that box, the police officer found 16 plastic bags containing the drugs of this charge. There was also paraphernalia associated with packing drugs, such as an electronic scale, plastic gloves, resealable plastic bags, and so forth.
The defendant admitted trafficking in that amount of cocaine under caution. He was acting as a storekeeper and courier for a man surnamed Ho for a total of HK$60,000 as a reward. He had rented a room to store the drugs as directed. He weighed and repackaged cocaine into one kilogramme bags as instructed. He was paid by Ho separately to cover rent for premises to store drugs. The defendant admits that the estimated street value of this amount of cocaine at that time was between $13,241,422 if sold in powder form and/or $18,698,133 if sold as crack cocaine.
Mitigation
The defendant is now 28 years old and has one previous conviction in March 2017. He was sentenced to 4 years and 9 months’ imprisonment in the District Court for trafficking in dangerous drugs. Mr Shaw represents the defendant today and has said all he can say on his behalf.
At the time of his arrest, the defendant was working in a garage. He is single and lived with his mother. I have been told although he had steady income and a full-time job, he was a gambler and in 2022 borrowed HK$100,000 from loan sharks to indulge in this habit. He committed this offence because he was unable to repay it. I have had letters in mitigation from both his mother and sister. I have read the contents. Both hope he has learnt his lesson and believe he is remorseful. His best mitigation is his plea of guilty at the earliest opportunity.
I have considered the approach to sentencing those that traffic in dangerous drugs. With the Court of Appeal’s guidance in the most recent authority HKSAR v Lee Ming Ho [2024] HKCA 150, I now consider the six steps as set out in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290.
Those six steps include assessing the gravity of the offence and applicable guideline, identifying the defendant’s role, where within the guideline the defendant should lie, any aggravating factors, any mitigating factors, and lastly passing a sentence which is fair, just, and balanced in all the circumstances of the offence and the defendant.
The first step is to assess the gravity of the offence and identify the applicable guideline according to the drug seized. Taking into account the latest guidelines in HKSAR v Huang Ruifang [2025] HKCA 234, the starting point for trafficking in cocaine between 5,000 and 15,000 grammes is 24 to 27 years’ imprisonment. Mathematically speaking, trafficking in 10,939 grammes of cocaine attracts a starting point of 25 years and 9 months’ imprisonment.
I am satisfied that the role of the defendant in this case was that of a courier and storekeeper. These are positions at the bottom of the hierarchy of drug traffickers. I find the mathematical starting point should apply.
The fourth and fifth steps require me to consider whether there are any aggravating factors or any exceptional mitigating factors. I see no such factors in this case.
The defendant pleaded guilty at the earliest opportunity and is entitled to a full one-third discount. After that discount is applied to a starting point of 25 years and 9 months’ imprisonment, the defendant is sentenced to 17 years and 2 months’ imprisonment.
With the last step in mind, I consider this sentence although substantial to be fair, just, and balanced in light of the sentencing authorities, circumstances of the offence, as well as the defendant.
Accordingly, the defendant is sentenced to 17 years and 2 months’ imprisonment.
