CRIMINAL CASE NO. 116 OF 2012
COURT: The defendant pleads guilty to two counts of trafficking in a dangerous drug. The 1st count is trafficking in 453.41 grammes of cocaine. The 2nd count is trafficking in 238.38 grammes of cocaine.
At about 12.30 pm on 17 November 2011, the defendant was intercepted by police officers outside Flat H, 10th Floor, Fou Wah Centre, No. 210 Castle Peak Road, Tsuen Wan. Upon search, 25 plastic bags of cocaine, the subject matter of the 1st charge, were found inside the brown bag carried by the defendant.
The police entered the flat and found 35 plastic bags of cocaine inside a plastic bottle in a microwave. The police also seized two electronic scales, a pair of scissors, and a filter of an air‑conditioner. All items contained traces of cocaine.
The defendant admitted under caution that he packed the drug for “Ah Kau”. The drug would be packed in smaller bags, each containing 25 grammes. He would receive $10,000 as reward.
According to the Narcotics Bureau, the market value of the cocaine was about $1 million.
The defendant is 25 years old. He lived with his girlfriend at the Fou Wah Centre flat. His parents and younger brother live apart. He received education up to Form 1. He has two previous convictions. He was last discharged from detention centre in February, year 2007. He then worked as a sound system workman. He was unemployed shortly before this offence.
According to HKSAR v Lau Tak Ming ([1990] 2 HKLR 370), for trafficking in 453.41 grammes of cocaine, the starting point should be 16 years and 4 months’ imprisonment. I deduct 5 years and 5 months for his plea. I sentence the defendant to 10 years and 11 months’ imprisonment for the 1st charge.
For the 2nd charge, trafficking in 238.38 grammes of cocaine, the starting point should be 12 years’ imprisonment. I deduct 4 years for his plea. I sentence the defendant to 8 years’ imprisonment.
The defendant was co‑operative and gave detailed description of “Ah Kau” to the police. However, I do not think this entitles him to any further reduction in sentence.
Taking into account totality, I order 2 years 9 months of the sentence of the 2nd charge to run consecutive to the sentence of the 1st charge.
The defendant has to serve a total of 13 years and 8 months’ imprisonment.