COURT: The defendant, Chan Wang-kei, pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134, before a Magistrate and was committed to the Court of First Instance of the High Court for sentence.
Summary of Facts
On the day in question, officers were conducting anti‑narcotics patrol at the junction of Argyle Street and Tung Choi Street when they spotted the defendant acting furtively. The defendant was intercepted and searched by the police.
In the defendant’s trousers pocket, the police found three transparent resealable plastic bags containing a total of 19.4 grammes of a crystalline solid containing 18.9 grammes of methamphetamine hydrochloride, commonly known as ‘Ice’. The defendant also had a mobile phone and cash of $5. Under arrest and under caution, the defendant said he had bought the three bags of ‘Ice’ for his own consumption.
In a subsequent video-recorded interview, the defendant asserted that he bought the drugs earlier that morning in the vicinity of Sincere Podium from a friend known as ‘Kong Chai’ at around $10,000. House search was conducted at the defendant’s home in Choi Hung Estate, no contraband found.
The average retail price for ‘Ice’ at the time was $630 per gramme. So the drugs seized from the defendant could have been sold at street level to drug abusers for $12,222.
The defendant admitted that at the material time, he possessed the drugs seized for the purpose of trafficking.
Background and Mitigation
The defendant was born in 1993 and he is 31 years of age. He is not a man with a clear record, he had appeared five times in court with five convictions. Of the five, one was possession of dangerous drugs and one was trafficking in a dangerous drug.
He claimed to have reached Form 1 standard in education and worked in a kitchen, earning on average $12,000 per month. The defendant claimed to be a drug abuser. He is single and lived with his father prior to his arrest.
In mitigation, Ms Kong referred this Court to the case of Tam Yi Chun and Herry Jane Yusuph and submitted a starting point of 7 years and 7 months as the defendant was a courier.
Despite the defendant’s previous drug-related offences, Ms Kong urged this Court not to enhance the starting point. The sentence would be reduced to 5 years after the one-third discount for plea.
(Discussion re confirmation)
Consideration for sentence
Trafficking in a dangerous drug is a serious offence. A person convicted of this offence on indictment is liable to imprisonment for life and a fine of $5 million. Adopting the six-steps approach in Herry Jane Yusuph.
First step
The starting point for trafficking in 18.9 grammes of ‘Ice’ falls in the bracket of 7 to 11 years according to Tam Yi Chun.
Second step
On the facts admitted, the role played by the defendant would be that of a courier.
Third step
As a courier, an appropriate starting point is one of 7 years and 7 months.
Fourth step - Aggravating factors
The defendant had two drug-related convictions, one was trafficking in a dangerous drug which amounted to an aggravating factor. I was also informed that the defendant committed the present offence while on police bail, that is another aggravating factor. I am of the view that an enhancement of 3 months is appropriate. So after the enhancement, the starting point is 7 years and 10 months which is the same as 94 months.
Fifth step - Mitigating factors
The only mitigating factor is the defendant’s timely plea for which he is entitled to a full one-third discount. So with the discount, the sentence is 5 years and 2 months, that is 62 months, I am rounding it down from 62.6 months.
The last step
I am of the view that this sentence is fair, just and balanced and not out of proportion to the defendant’s criminality.
Actual sentence
For the offence of trafficking in a dangerous drug, the defendant is sentenced to 5 years and 2 months’ imprisonment.
