CRIMINAL CASE NO. 444 OF 2010
COURT: I have to sentence you for trafficking in dangerous drugs. You were stopped at the airport and it was found that you had swallowed 64 pellets which contained heroin. The amount of heroin involved was 413 grammes. Nothing turns on the fact that it was in two different chemical forms.
You pleaded guilty at the earliest opportunity in the Magistrates Court. You were co-operative with the authorities.
It will have been explained to you that sentencing for drug trafficking in Hong Kong is based on guidelines and those guidelines, in turn, are based upon the nature and quantity of the drug. At 413 grammes, you fall into the bracket of 400 to 600 grammes, attracting a starting point, after trial, for sentence of 15 to 20 years. For the reasons put forward by your counsel, I will put you at the very bottom of the bracket and when working towards a starting point, will therefore commence at 15.
These courts habitually enhance sentences where the drug trafficking has an international element. For large quantities of a kilogram and above, the enhancement is in the region of 2 years. For lesser amounts, the enhancement is proportionately smaller.
I am invited by your counsel not to enhance in your case. Even if I were tempted to accede to his invitation, it would be wrong of me to do that because the courts in this area of sentencing put consistency very high on their agenda and it would simply be unfair for me, in your case, because I felt sorry for you, to say I will not enhance because, otherwise, similar people - and there are many of you, it is unfortunate to say - in prison would say, “Why has he got a lesser sentence than me?”. You will appreciate that justice in this regard seeks to be even-handed.
What I can do though, to reflect the mitigation that Mr Delaney advances on your behalf, is make that enhancement above the 15 years I have already worked from as modest as I possibly can and whilst enhancement by itself would have been the greater, the mitigation that I have referred to rounds it down.
What I shall do is I shall take a starting point of 15½ years. Therefore, applying the one-third discount you earned for your plea, the sentence will be one of 10 years and 4 months. Frankly, I do not think you could have hoped for a lesser sentence.