COURT: Both defendants have pleaded guilty, D1 on the first day of the trial whereas D2 at the committal stage, to one count of trafficking in dangerous drugs, contrary to section 4 of the Dangerous Drugs Ordinance.
In the evening on 18 June 2022, D1 was intercepted by police officers outside one apartment in Tsim Sha Tsui. Upon noticing the presence of the police, D1 tried to flee but was eventually subdued.
Police officers armed with keys found from D1 entered the apartment. Inside the apartment, they found D2. In addition, police officers also found 17.01 grammes of cocaine, 7.21 grammes of methamphetamine, 1.02 grammes of ketamine, 1.67 grammes of cannabis in herbal form, 0.93 grammes of tetrahydrocannabinol, and 5.20 grammes
of 3,4-methylenedioxymethamphetamine, a number of resealable plastic bags, and an electronic scale.
Both defendants admitted that all the dangerous drugs found in the apartment were for the purpose of trafficking.
D1 is 36, native of Bangladesh. He first came to Hong Kong in 2012 and then left in 2017. He returned to Hong Kong in 2019. He is a Form 8 holder claiming refugee status. D1 has five criminal convictions, four relating to the possession of dangerous drugs.
D2 is 49, also a native of Bangladesh. He has one criminal record similar to the present charge. D2 first came to Hong Kong in 2006. He is also a Form 8 holder pending refugee claim.
Although D2 has been suffering from epilepsy, judging from the medication provided, it is not the most serious kind and his conditions have been catered for by the Correctional Services Department.
In calculating the overall starting point, given the small amount of cannabis and its derivatives, they are to be ignored for the purpose of sentencing.
In short, both defendants will be sentenced on 7.21 grammes of ‘Ice’, 17.01 grammes of cocaine and 6.22 grammes of ketamine and MDMA. Counsel from both sides have agreed that the starting point calculated under various tests, based on quantity alone, will be one of 84 months’ imprisonment.
There are two aggravating features in the present case, namely the involvement of multiple drugs and the two defendants’ immigration status. For that a total of 12 months, ie 6 months each will be added. Thus the overall starting point will be set at 96 months’ imprisonment.
D1 has only pleaded guilty on the first day of the trial. A 20 per cent discount will be given. For the sole offence D1 stands convicted, he is therefore sentenced to 76 months’ imprisonment.
D2, given the fact that he pleaded guilty at the committal stage, a full one-third discount will be given. For the sole offence D2 stands convicted, he is therefore sentenced to 64 months’ imprisonment.
