CRIMINAL CASE NO. 297 OF 2012
COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, namely 71.49 grammes of a solid containing 58.15 grammes of cocaine.
Shortly after midnight on 16 April this year, the defendant was intercepted in Tsim Sha Tsui, and from his shoulder bag which he was carrying, the drugs, the subject matter of the charge were found.
He admitted under caution that he was carrying these dangerous drugs to sell to others at the request of someone, and that he would be paid $200 as a reward.
The estimated retail value of these drugs was in the region of HK$83,571.
The defendant is aged 31 and has a clear record. Mr Pierce rightly pointed out that the sole mitigation in this case is the fact that the defendant, upon arrest, confessed, and had from the very beginning indicated that he was going to plead guilty, which is a reflection of his remorse.
The motive for the defendant to commit this present crime is basically financial. He owes money, and it was a quick way to make money.
Sentencing for trafficking in cocaine has been said in the Pedro Nel Rojas case that the court should follow the guidelines laid down in Lau Tak Ming for heroin, and the Court of Appeal has said that for trafficking in 50 to 200 grammes, the suggested guideline starting point should be between 8 to 12 years’ imprisonment.
The amount of cocaine here is 58.15 grammes, and so that would merit a starting point of about 8 years or slightly over. Taking into account that this is the defendant’s first offence, I will start with a starting point of 8 years. Giving him the full credit for his plea, I will give him the full one-third discount, which brings the sentence down to one of 5 years and 4 months.
The defendant goes to prison for 5 years and 4 months.