CRIMINAL CASE NO. 156 OF 2012
COURT: The defendant pleaded guilty to one charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.
The defendant arrived at the Lo Wu Border Arrival Hall and was searched by Customs officers. He was found to be in possession of the drugs in question, namely, the cannabis in his trousers pocket and 11 packets of drugs inside his underpants.
He subsequently admitted that a friend of his asked him to bring those drugs to Hong Kong for a reward of about $4,000. Upon analysis, the drugs were found to be 96.05 grammes of a crystalline solid containing 95.64 grammes of methamphetamine hydrochloride, 195.69 grammes of a mixture containing 126.43 grammes of heroin hydrochloride, and 0.28 of a gramme of herbal cannabis. The retail value of the drugs was in the region of $223,000.
The defendant is now aged 50. He has three previous convictions, none of which is drug related. By way of mitigation, I am told that he came to know a person, when he was unemployed, and he accepted that person’s offer to deliver dangerous drugs from China to Sheung Shui in Hong Kong.
In sentencing the defendant, I have taken into account the nature of the offence, the different kinds of drugs involved and the sentencing tariffs, as well as mitigation advanced by counsel and his early plea of guilty.
The present case involves mixed drugs and in the case of Yip Pik Kwai, a combined approach is said to be the correct approach. I consider the herbal cannabis a negligible amount. The narcotic contents of the heroin and "Ice" added together amount to 222.07 grammes.
In the case of Cheng Yat Ming, the Court of Appeal says that “the difficulty being faced in cases of the kind where either an individual or combined approach is adopted only arises where the sentencing bracket for the types of drugs are markedly different. Where drugs of a comparable kind, such as heroin, cocaine and "Ice", are being trafficked, the combined approach, where a global sentence is taken, can usually be used.” So the view has been taken that "Ice" and heroin are drugs where the tariff guidelines are co-equal.
So taking into consideration the total amount of narcotics being 222.07, I consider that, taking into account the cross-border factor, no matter whether all the drugs are heroin or "Ice", an appropriate starting point would be in the region of 13 years’ imprisonment.
I shall give him the full one-third discount for his guilty plea. He is sentenced to 104 months’ imprisonment, that is 8 years and 8 months.