COURT: The defendant pleaded guilty to one count of trafficking in dangerous drugs. The dangerous drug was 26.29 grammes of a solid containing 20.87 grammes of cocaine and 30.37 grammes of a powder containing 24.41 grammes of cocaine hydrochloride. A charge of manufacturing a dangerous drug was left on file not to be proceeded with without leave of the court or the Court of Appeal.
The facts which the defendant admitted were that police on an anti-drug trafficking operation intercepted him as he came out of the toilet of the Trend Motor Service Company, which I understand was his own company. A search revealed in his right front pocket a cigarette box with four tissue paper wrappings which contained 20 packets of suspected cocaine.
The defendant was arrested and when cautioned asked for a chance, saying that the cocaine belonged to him.
The police searched the toilet pursuant to a search warrant and found 22 more packets of suspected cocaine in tissue wrapping and a resealable plastic bag containing suspected cocaine. Under caution the defendant said the cocaine wrapped in tissue paper belonged to him, he was selling it to others and it had nothing to do with his girlfriend or others in the shop.
During a later video interview he repeated what he said on arrest. He admitted that he knew cocaine was a dangerous drug and said the dangerous drug was kept on the table in the toilet for his own convenience in selling it, and that he took sole responsibility for the drugs as being his.
Analysis by the Government Chemist confirmed the quantity and type of drug as set out in the particulars of the charge.
The defendant has two previous convictions - in 1994 and 1999, one of which is now a spent conviction. They are not relevant to the charge he is now facing, they are not drug offences, and they will be ignored for the purposes of sentencing.
The defendant is aged 37 years, he is a divorced man with two children in their early teens. He set up a business as a motor services centre in January 2012. I am advised that he has been contributing to the charities World Vision and Save the Children Fund on a regular basis and those are put forward as examples of his positive good character.
I accept that he has taken responsibility for this matter from the outset and that he feels some guilt about having involved his girlfriend and his partner in this matter.
The total narcotic quantity of dangerous drug in which the defendant was trafficking is 45.28 grammes. The sentencing guidelines for cocaine are the same as those for heroin as set out in Lau Tak Ming.
A quantity of 10 to 50 grammes of cocaine attracts a sentence in the range of 5 to 8 years. This quantity is very close to the top of the range and I adopt 7 years as the starting point for sentence.
The defendant is entitled to the full one-third discount. That reduces the sentence to 4 years and 8 months.
Accordingly, I sentence the defendant to 4 years and 8 months’ imprisonment.