CRIMINAL CASE NO. 241 OF 2011
COURT: Wong Yin-kei, you had a right little packing shop of horrors under your control when you were discovered. You had with you three of the most potent dangerous drugs of abuse known: “Ice”, cocaine and heroin.
The evils caused by dangerous drugs are well known, you are fully aware of them, and I propose to say no more about that. You obviously took the risk that you would not be caught, and you were caught. That is your misfortune.
The most significant quantity of the drugs that you had was “Ice”. It was 34.34 grammes of a mixture with a narcotic content of 33.03 grammes. Then there was 30.56 grammes of a mixture containing 17.69 grammes of cocaine, and then 17.60 grammes of a mixture containing 14.02 grammes of heroin.
The most potent of those drugs is “Ice”, and following the guideline cases which I am sure Mr Sadhwani has told you about, you would after trial have been looking at a sentence in the region of 8½ years’ imprisonment just for trafficking in the quantity of “Ice” that you had.
For the heroin and the cocaine, which are accepted as being of equal potency, you, following the guideline cases, just for those drugs alone would have been looking at a sentence of between 5 to 8 years’ imprisonment.
If I were to add those sentences together, you would be looking at something in the region of 16½ years’ imprisonment. But that is not how we do it. We look at the overall level of your sentence, and 16½ years is far too high for your offence.
So I am taking it, following authorities laid down for my guidance by the Court of Appeal, that the starting point for your sentence after trial, had a jury found you guilty, would have been in the region of 10 years imprisonment.
There is nothing in your personal circumstances or in the circumstances of the commission of this offence which I find to be of mitigating value. I hope that in due course you will be able to marry your girlfriend and be a good father to your child, but it is going to be some time in the future before you are able to do that.
I am not aggravating your sentence because you have a criminal record, but I have to tell you there is nothing in your case that merits or justifies me not following the sentencing guidelines.
Therefore, from that starting point sentence of 10 years’ imprisonment, I am reducing your sentence by one-third to reflect your guilty plea. Your guilty plea indicates realism. It also indicates a degree of remorse, and it will receive the appropriate recognition, which is a one‑third discount in the sentence you would otherwise have received.
Your sentence for this offence of trafficking in dangerous drugs is therefore one of 6 years and 8 months’ imprisonment.