CRIMINAL CASE NO. 426 OF 2010
COURT: The defendant pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. He was committed to this court for sentence.
The Summary of Facts which was admitted by the defendant reveals the following: on 27 June 2010, the defendant was intercepted by Customs Officers at Arrival Hall, Lok Ma Chau. 76.73 grammes of methamphetamine hydrochloride, 50‑odd plastic bags, and one electronic scale were found to be carried by the defendant. He was arrested.
The defendant is 45, and has been a drug addict for almost 30 years. He has a number of drug-related criminal convictions and one similar trafficking record, for which he was sentenced to 4 years and 4 months’ imprisonment.
Counsel for the defendant, Mr Chung, submits that a small proportion of the drugs seized is for the defendant’s own consumption. Counsel for the prosecution, Mr Brook, fairly concedes that.
Mr Chung also urges me that, given this concession made by the prosecution, and balancing that with the aggravating features in this case, namely the importation of drugs across the border and his past drug record, a starting point of 10 years should be adopted.
I am in agreement with Mr Chung’s submission. 10 years is adopted as the starting point in this case, and given the defendant’s plea, he is therefore sentenced to 6 years and 8 months’ imprisonment.