The 1st count is trafficking 1.47 grammes of “Ice”. The 2nd count is trafficking 12.52 grammes of “Ice”, 0.08 grammes of nimetazepam, and one tablet fragment containing “Ice”.
On 5 June 2013 at about 10.28 am, a team of police officers intercepted the defendantwhile he was cycling downslope along Hon Ka Road. At that time, the defendant was leaving his home.
Two packets containing five smaller packets of “Ice” were found from his right-front jeans pocket. These are the subject matters of the 1st count.
Later, the police took the defendant back to his home at Room A, 4 Kam Shan Tuen, for a search. The subject matters of the 2nd count were found inside a purple tin box on a table in the room. There were other items found, including an ice pot with some liquid containing traces of “Ice”, two electronic scales, and a large number of re-sealable plastic bags.
The defendant admitted that he was the tenant of Room A and he lived alone there, only he possessed the keys to that room.
The defendant is 40. He received education up to Form 1. He was a scaffolding worker. His income might reach $30,000 per month. He was an addict at the time of the offence. He has six previous convictions. He was sentenced to 32 months’ imprisonment for trafficking in a dangerous drug in 2010. He was last discharged from prison on 21 March 2012.
He is divorced, and has a daughter who is 9 years old. His daughter is taken care of by the defendant’s mother.
For the 1st count of trafficking in 1.47 grammes of “Ice”, according to Ching Kwok Hung ([1991] 2 HKLR 125), the starting point is 3 years and 7 months’ imprisonment. I would have sentenced the defendant to 3 years and 7 months’ imprisonment, but in view of his admission to possession of the dangerous drug, I give him a further reduction of 6 months. I sentence him to 3 years and 1 months’ imprisonment for the 1st count.
For trafficking 12.52 grammes of “Ice” in the 2nd count, the starting point is 7 years and 2 months’ imprisonment. For 0.08 grammes of nimetazepam, and the tablet of fragment of “Ice”, I add on month to the starting point. The adjusted starting point is 7 years and 3 months’ imprisonment. I sentence the defendant to 7 years and 3 months’ imprisonment for the 2nd count.
Taking into account the totality principle, I order the two terms to be concurrent.