COURT: The defendant pleaded guilty to two charges of trafficking in a dangerous drug contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.
The defendant was stopped and searched by police officers near Victoria Park and was found to be in possession of a total of 22 resealable plastic bags of “ice”. He claimed not to know anything under caution. He was then taken to his home and further drugs were found, together with drug consumption as well as trafficking paraphernalia such as a number of resealable plastic bags, scales, calculators etc.
He now admits that all drugs were for trafficking. Upon analysis, the drugs were found to be 0.19 kilogramme of a crystalline solid containing 0.18 kilogramme of methamphetamine hydrochloride, in respect of the 1st charge. And for the 2nd charge, 56.27 grammes of a crystalline solid containing 55.06 grammes of methamphetamine hydrochloride.
The estimated value of all the drugs was around $138,000.
By way of mitigation, I am told that the defendant is aged 34. He is single. He has three previous convictions and the last one was in January of this year, for possession of dangerous drugs, for which he was sentenced to DATC, and that occurred on 3 September 2013, which means that the present offence was committed whilst he was on bail of that one.
It is advanced, on his behalf, that whilst he was working as a chef, he contributed regularly to his mother, who lived in an elderly home. But after she had moved to a public housing estate, they lost contact with each other. Then, because of his own medical condition of having shaky hands, he could no longer work as a chef and relied solely on public assistance.
He admitted to be a drug addict, but the quantity consumed would not be substantial enough to be termed as a significant amount or a discernible significant amount. It is advanced that he committed the present offence to help a friend, without knowing the quantity of drugs involved, nor the reward that he would be paid.
He hopes for a lenient sentence and says that upon his release from prison, he would try his best to look for his mother.
In sentencing the defendant, I have taken into account the nature of the offence, the total amount of drugs involved, the sentencing tariff, as well as mitigation advanced by counsel. And his greatest mitigation, obviously, is his plea of guilty.
The total amount of drugs involved in this case, ie, in respect of both charges, is 235.06 grammes of “ice” which falls within the 70 to 300 grammes that is 10 to 14 years starting point bracket. I consider an appropriate overall starting point to be 12 years and 9 months. I shall give him the full one-third discount for his plea of guilty. He is sentenced to 8½ years’ imprisonment, apportioned into the two charges as follows: Charge 1, 7 years, Charge 2, 4 years.
I order 1½ years out of the 4 years in Charge 2 to run consecutively to the sentence in Charge 1.