CRIMINAL CASE NO. 80 OF 2012
COURT: On 2 March 2012, the defendant pleaded guilty at the Eastern Magistrates’ Court to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134. He admitted the prosecution’s Summary of Facts and was committed to this court for sentence.
The particulars of the charge alleged that on 9 September 2011, at Flat G2, 12th Floor, Lily Mansion, 102-108 Lockhart Road, Wanchai, in Hong Kong, he trafficked in 11.71 grammes of methamphetamine hydrochloride. Today before me he has confirmed that plea of guilty and the accuracy of the Summary of Facts.
The Summary of Facts revealed at around 9.30 pm on 9 September 2011 the defendant, who is a Pakistani national, was seen together with another male to enter Flat G2 on the 12th Floor, of Lily Mansion, in Lockhart Road, Wanchai. He gained entry to the premises using a key to the door.
Subsequently, police officers gained entry to these premises. The defendant was alone and was searched by the police officers. Inside his left-front trousers pocket they found a plastic bag which contained a crystalline substance later determined by the Government Chemist to be 11.71 grammes of methamphetamine hydrochloride.
Paraphernalia for the packaging of dangerous drugs and the consumption of dangerous drugs was also seized. Initially the defendant told the police that the drugs were for his own consumption, but has admitted before me today and a magistrate that he, in fact, was trafficking in those drugs. The drugs had an estimated street value of some HK$10,000.
The defendant was born in Pakistan in May of 1984. He is aged now almost 28 years. He first arrived in Hong Kong as an illegal entrant in 2007 and it would appear has been released by the Immigration Department into the community.
He has prior criminal convictions. In 2009 he was convicted of possession of dangerous drugs, there were in total three charges, all were dealt with at the same time.
More seriously, however, is that in 2010 he was convicted of three charges of trafficking in dangerous drugs. All of the convictions were dealt with in the Magistrates’ Courts. Mr Chandler has confirmed with me today that insofar as the trafficking charges are concerned, this involved small amounts of the dangerous drug cocaine.
Mr Chandler has properly advanced on behalf of the defendant that the most significant mitigating factor is his timeous plea of guilty and obviously he is entitled to a significant discount from the appropriate starting point for sentence to reflect that.
I am satisfied in all of the circumstances, taking into account all of the matters in favour of the defendant, together with the fact that he has previously been convicted of trafficking in dangerous drugs, it is my intention in those circumstances to impose upon him a sentence which properly accords with all of those matters.
The Court of Appeal has provided guidance to sentencers in cases of this nature. I have taken all of those matters
into account and have concluded that the appropriate sentence to be imposed on this defendant is one of 4 years’ imprisonment and that is the sentence I will impose.