Today, he pleaded guilty to the trafficking count, and with leave of the court the possession count was left on file marked not to be proceeded with without leave of the court.
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, background of the defendant, and mitigation put forward on his behalf.
What happened may be reduced as follows.
A total of 42.86 grams of a crystallised solid containing 42.04 grams of methamphetamine hydrochloride was found inside the glove compartment next to the driver’s seat inside the car which the defendant had just alighted from. The substance was contained separately in five plastic bags and 35 packets.
I was told that the defendant is 47 years of age. He is single. He joined the workforce at the age of about 17 after finished Form 2 education. He had worked as a decoration worker, but in 2012 quitted as his right hand was injured. He had also worked as a driver before.
The defendant has a lengthy criminal conviction record. He was convicted of the offence of keeping a divan and trafficking in a dangerous drug in 2004 for which he was sentenced to a total imprisonment term of 15 months.
He had also been convicted of the offence of possession of dangerous drugs in the year 2000, 2002, 2004 and 2010. He has also been convicted of other offences, like aiding and abetting in money laundering, theft, possession of Part I Poison, and possession of a false instrument.
Learned counsel for the defendant, Mr Phil Chau, urged me to take into account the guilty plea of the defendant.
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 grams the sentence should range from 7 years to 10 years’ imprisonment.
I see no reason in the present case to depart from the tariff. I am also of the view that the starting point should be enhanced by 6 months to take into account the criminal conviction record of the defendant.
In all the circumstances, I adopt a starting point of 9 years.
The defendant pleaded guilty and is entitled to a one-third discount. In all the circumstances, I am of the view that this is the extent of discount the defendant is entitled to.
Defendant, please, stand up.
For the above such reasons, I sentence you to an imprisonment term of 6 years on Count 2.