COURT: Defendant, you have pleaded guilty to two charges of trafficking in a dangerous drug. The first offence was committed at the junction of Rumsey Street and Des Voeux Road, Central on 11 August 2013 at about 10.15 pm.
The second offence was committed shortly after that at 1.20 am on 12 August 2013 at your house in Shanghai Street, Mong Kok.
On 11 August, police officers had seen you at the junction and intercepted you and searched you. The drugs were found inside the front of your underpants. They were contained in a plastic bag. There were 27.47 grammes of a crystalline solid containing 26.94 grammes of methamphetamine hydrochloride, drugs commonly known as “ice.”
When the officer asked you what these drugs were for, you told him that it was dangerous drugs to be sold to others for $4,500 so you could earn money to support your family. You were then taken back to your home where a further quantity of drugs was found and that was 9.76 grammes of crystalline solid containing 9.49 grammes of methamphetamine hydrochloride, again commonly known as “ice,” and 2.53 grammes of a powder containing 1.73 grammes of ketamine. Also found at your home was packing paraphernalia for the purposes of drugs, which included an electronic scale and different sizes of transparent resealable plastic bags, plastic straws and a roll of tin foil.
Under caution, you also admitted that the “ice” and the “K” found at your home, were intending for sale by you so as to earn some money. The estimated market retail value of the drugs seized was HK$24,099.
Defendant, you are 41 years of age and have 15 previous convictions of which three are for possession of a dangerous drug, two are for possession of equipment fit and intended for smoking or taking of dangerous drugs and one similar, for trafficking in dangerous drugs. That conviction was in 1994, some 10 years ago, to which you were sentenced to 12 months’ imprisonment.
Your counsel, Mr Keith Fung, has mitigated fully and thoroughly on your behalf. I have taken into account what he has had to say. I am told that you were single at the date of the offence. You had a girlfriend and an 11 month old daughter, but today, you have no idea where they are.
I am also informed by Mr Fung that you had tried to provide assistance to the police, but unfortunately this did not come about to any fruition. Your most powerful mitigating factor is your plea of guilty. I note there are new guidelines for the trafficking of “ice” laid down in Tam Yi Chun, CACC 524 of 2011, however as these offences were committed before the new guidelines were handed down, the old guidelines set out in Attorney-General v Ching Kwon Hung is still applicable.
There were two charges involving the drug “ice,” the second charge a small amount of ketamine was also involved. In sentencing you, defendant, on this quantity of drugs, I take the combined approach. The combined total amount of the drug “ice” is 36.43 grammes. For that amount of “ice,” had you been convicted after trial, the starting point would have been one of 8 years’ imprisonment. Giving you full credit for your plea of guilty, that term would be reduced to one of 5 years 4 months’ imprisonment.
In respect of the ketamine in charge 2, there was 1.73 grammes. Employing the guidelines laid out in Hii Siew Cheng, that amount of ketamine would have warranted a sentence of approximately 1 year 4 months’ imprisonment after a plea of guilty. Using the conversion test and converting that amount, which is directly applicable to “ice,” that would be less than 1 gramme of “ice.” In those circumstances, I do not intend to take into account that amount of ketamine when sentencing you.
I now turn to sentence you for the individual offences of charges 1 and 2. On charge 1, for trafficking in 26.94 grammes of “ice,” I would have taken a starting point of 7 years 6 months’ imprisonment, had you been convicted after trial. Giving you full credit for your plea of guilty, that term is reduced to one of 5 years’ imprisonment.
On charge 2, the total amount of “ice,” was 9.49 grammes. Had I convicted you after trial, I would have taken a starting point of 6 years 6 months’ imprisonment. Giving you full credit for your plea of guilty, that term is reduced to one of 4 years and 4 months’ imprisonment.
To give effect to the total sentence of 5 years 4 months’ imprisonment, I order 4 months of charge 2 to run consecutive to charge 1, making your total term of imprisonment of 5 years and 4 months’ imprisonment.
I note that you had tried to provide assistance but as the assistance did not come to any fruition, I am unable to give you any further discount for that.