COURT: The defendant has pleaded guilty to two counts of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance and is committed to this court for sentence.
In the afternoon on 26 August 2021, the defendant was intercepted by police officers outside a squatter hut at Lau Fau Shan. In a bag the defendant was carrying, police officers found 10 blocks (7.93 kilogrammes) of cocaine. He was taken back to the squatter hut where an extra 41 blocks (32.61 kilogrammes) of cocaine was uncovered. In addition, various drug trafficking paraphernalia was also seized. The quantity of dangerous drugs seized was substantial.
The street value was estimated to be over HK$58.6 million.
The defendant is now 25, educated up to Form 6 level. He has three criminal convictions but they are not related to drugs. He is not married but has a daughter. Prior to his arrest, he worked as a decoration worker making HK$13,000 each month.
During his remand, the defendant provided statements to the police but his assistance was found to be of little practical use. As such, it is not possible to grant him any further discount.
Mitigation letters from the defendant, the father, relatives and friends have been produced to this court. Understandably they ask this court to exercise leniency. Their requests are understandable but sentencing guidelines have been set down by the Court of Appeal which are binding on this court.
Starting point for trafficking in 7.93 kilogrammes of cocaine based on quantity alone is one of 24 years and 10 months’ imprisonment. Starting point for trafficking in 32.61 kilogrammes of cocaine based on quantity alone is one of 30 years and 6 months’ imprisonment.
Without further evidence indicating otherwise, the defendant will be treated as a simple courier in the present case.
The only mitigation in this case is the defendant’s earliest plea. After a full one-third for this earliest plea, the sentences imposed on Count 1 and Count 2 will be one of 198 months and 244 months’ imprisonment respectively.
The total quantity of cocaine involved is 40.54 kilogrammes. As such the starting point for that will be one of 33 years’ imprisonment. In view of that, 20 months of Count 1 is ordered to run consecutively to the 244 months imposed on Count 2.
For the two offences the defendant stands convicted, he is therefore sentenced to 264 months’ imprisonment.