COURT: The defendant has pleaded guilty to one count of manufacturing a dangerous drug, contrary to section 6 of the Dangerous Drugs Ordinance. He is committed to this court for sentence.
In the evening on 17 March 2023, the defendant was intercepted by police officers at the lobby of one residential building at Tin Shui Wai. Upon a search of his personal belongings, police officers found 1.08 grammes of ketamine. The defendant was then taken back to a unit of the same residential building.
Armed with a search warrant, police officers conducted a search of the unit. Inside the unit, police officers found a total of 2,390 grammes of cocaine hydrochloride, 445 grammes of cocaine, pots and pans, and various drug paraphernalia for converting cocaine hydrochloride into cocaine base.
The street value was estimated to be over HK$3.6 million.
The defendant is now aged 38, divorced, with a daughter of 8 years old. Prior to his arrest, he was a warehouse worker. He has one similar trafficking in dangerous drug record. In 2020, he was sentenced to 3 years and 8 months’ imprisonment in this court. The defendant was educated up to Form 3 level.
Mitigation letters from the defendant and his family members have been produced. I have read those mitigation letters. In essence, they ask for leniency. I understand the family’s wish, however I cannot accede to their request because I am bound by the authorities laid down by the Court of Appeal.
The amount of cocaine involved was 2,835 grammes in total. The notional starting point for trafficking in such amount of cocaine is one of 21 years and 6 months’ imprisonment. Manufacturing dangerous drug is a matter, of course, much more serious than simply acting as a courier in delivering drugs in trafficking in dangerous drugs case. I, however, note that the manufacturing process in this particular case is not a sophisticated one and the period in which the defendant engaged in such activity is just over two months. In view of all that, an extra 2 years will be added.
This is however not the first time the defendant had come to the High Court for dealing in dangerous drug. As I have just pointed out, the defendant in fact was convicted in 2020 in this court for trafficking. He was released from prison in 2021. In 2022, he returned to the same evil trade. As such, a further 9 months’ imprisonment will be added.
The defendant has participated in Father Wotherspoon’s anti-drug programme, a 3 months’ discount will be given for his effort. As such, the ultimate starting point for this case is set at 24 years’ imprisonment. The defendant will be given the usual one-third full discount for his earliest plea.
In summary, for the sole offence the defendant stands convicted, he is sentenced to 16 years’ imprisonment.
