COURT: The defendant pleaded guilty before a magistrate for one count of trafficking in dangerous drugs. He is now committed for sentence.
At around 1630 hours on 25 July 2023, the defendant was intercepted by a police officer at No. 45 Tai Po Road, Sham Shui Po. The defendant was later brought back to his premises at Flat D, 2nd Floor, 45 Tai Po Road and a search of the defendant’s premises was conducted. Upon search, some quantities of drugs contained in plastic containers were found together with some paraphernalia. The total quantity of drugs involved was later confirmed to be 68.64 grammes of a mixture containing 46.72 grammes of heroin hydrochloride.
The estimated retail value of the drugs was HK$60,266.
Under caution, the defendant admitted that the drugs was given to him by a person named Ah Tat and he would help Ah Tat to sell the drugs.
In a subsequent video-recorded interview, the defendant admitted further that he knew Ah Tat in a playground in Sham Shui Po but had no contact information or address of Ah Tat. Ah Tat asked if the defendant wanted to earn money and gave the defendant the heroin around one week ago in the playground in Sham Shui Po. Ah Tat promised the defendant a reward of 1,000 to HK$2,000 but the defendant received no money from Ah Tat yet. The defendant admitted and confirmed the heroin and packaging paraphernalia seized from the flat and he admitted to repackage the drugs into pellets.
The defendant is 59 years old. He was educated up to Form 3 level in PRC and he migrated to Hong Kong in 2012. He has a clear record in Hong Kong.
In consideration of sentence, this court has to adopt the six-step approach set out in HKSAR v Herry Jane Yusuph and follow the guidelines set out in HKSAR v Huang Ruifang.
As submitted by Mr Wong, counsel for the defendant, applying the guideline in Huang Ruifang, for 46.72 grammes of heroin hydrochloride, the mathematical calculation for the starting point should be 7 years and 9 months’ imprisonment. As submitted by Mr Wong, the role of the defendant is more than a mere courier or storekeeper, as the defendant was also involved in repacking the dangerous drugs for selling. And I accept Mr Wong’s submission that an increase of 3 months’ imprisonment to the starting point in consideration of the defendant’s role is appropriate.
In the present case, there is no other mitigating factors apart from the defendant’s guilty plea. Having added the 3 months to the starting point of 7 years and 9 months, the resulting starting point is 8 years’ imprisonment.
Giving a full discount for the defendant’s guilty plea, a reduction of one-third of the overall sentence should be given. As a result, the sentence of the defendant is reduced to 5 years and 4 months’ imprisonment.