On the material date, the police mounted an anti-narcotic operation and broke into one premises in Mong Kok. 20.14 grammes of heroin and 3.21 grammes of methamphetamine were seized from the defendant’s trousers pocket.
Another 39.02 grammes of methamphetamine was found inside a safe kept inside the premises. As a result of the operation, 20.14 grammes of heroin and 42.23 grammes of methamphetamine were seized. The total value of the drugs was estimated to be over HK$66,000.
Under caution, the defendant admitted that he acted as a courier for money.
The defendant is 40 and received education up to Form 1 level. He worked as a decoration worker. Although the defendant has a number of criminal convictions, some related to a dangerous drug, but none were related to trafficking.
Guidelines on sentencing are clear. The starting point for trafficking in 40 grammes of methamphetamine alone is one of 8½ years’ imprisonment. Assuming the amount of heroin in weight in this case is converted into methamphetamine, the total amount of methamphetamine would be slightly over 60 grammes. The starting point for trafficking in 60 grammes of methamphetamine would be one of 9½ years’ imprisonment.
However, given the fact that according to the sentencing tariffs, not necessarily pharmacologically, “Ice” is less potent than that of heroin, I am prepared to adopt 9 years as the starting point in the present case.
The defendant of course is entitled to the one-third discount for his plea. As such, the defendant is sentenced to 6 years’ imprisonment.