COURT: The defendant pleaded guilty before a magistrate to one charge of trafficking in a dangerous drug and was committed to the Court of First Instance for sentence. On 14 May this year he pleaded guilty again before me and was convicted of the charge.
Upon application from parties the proceedings were adjourned several times. Today the court was provided with material which accounts for what had happened.
In sentencing I have considered the whole circumstances of the case including its nature and facts, in particular, the type and quantity of the dangerous drug involved, your background and mitigation put forward on your behalf.
The facts of the case may be summarised as follows: on 28 September 2012 you were intercepted by police officers on Portland Street. A search was conducted and a package wrapped in cling film was found under the middle front of your trouser waistband. The content of the package was later confirmed to be a total of 55.40 grammes of a crystallised solid containing 54.06 grammes of methamphetamine hydrochloride.
Upon arrest, you stated under caution that “I will collect $800 helping others to transport those dangerous drugs down here from the toilet at Lok Ma Chau crossing. Give me a chance.”
In a subsequent video-recorded interview you stated, inter alia, that you had been telephoned by an acquaintance and asked to transport the stuff for reward. You agreed to do so since he has no money. You followed instructions and collected the two packs of stuff from a toilet at the control point and then went to Mong Kok. You were aware that the pack contained “Ice”. You were to be paid $800.
I was told that you are now 47 years of age. You received education up to Form 3. You had worked as a quality controller but at the time of the arrest you were unemployed. You have an aged mother who is suffering from ill health.
You are not a first-time offender. Back in 1981, when you were 15 years old you were convicted of robbery and sentenced to receive training in a detention centre. In 2005 you were convicted of one charge of trafficking in a dangerous drug, one charge of assisting in the management of a divan and one charge of possession of a dangerous drug. For these offences you were sentenced to a total sentence of 15 months.
In December 2012, after you had been arrested for the present offence, you were convicted in Fan Ling Magistracy of one charge of doing an act tending and intended to pervert the course of public justice and sentenced to 4 months’ imprisonment.
Your counsel, Mr Sadhwani, told the court that you committed the present offence since you were in need of money and he stressed that you are now remorseful. You confessed upon arrest and pleaded guilty as early as the case was being dealt with by a magistrate.
The Court of Appeal held in AG v Ching Kwok Hung [1991] 2 HKLR 125, that in a case of trafficking in “Ice” where the narcotic content was between 10 to 70 grammes, the sentence should range from 7 years to 10 years’ imprisonment. I see no reason in the present case to depart from the tariff. In all the circumstances, I adopt a starting point of 8½ years.
You pleaded guilty and I am satisfied that you are remorseful. For these reasons you are entitled to a one-third discount.
The material which the court has been provided with has potential relevance to sentencing. Mr Power informed the court that there will be no further action from the prosecution arising from the matter at this stage. Mr Sadhwani confirmed that the material would not be relied upon for the present purpose. According to established legal principles, the matter has little effect on sentence at this stage.
I have considered the impact of a sentence imposed on you in the Fan Ling case on the present sentence. You had already fully served a sentence in that case. The nature of that case is completely different from the present one.
In all the circumstances, having regard to totality, I am of the view that it is appropriate in any case for the two sentences to run consecutively. In all the circumstances, one-third is the extent of discount you are entitled to in this case.
Defendant, please stand up. For the above said reasons I sentence you to an imprisonment term of 5 years and 8 months.