COURT: You have pleaded guilty to trafficking in 27 grammes of methamphetamine hydrochloride, or ‘Ice’ as it is commonly called.
The facts of the case have been read out to you by the prosecution and you have agreed with them. But in essence, they are that you were intercepted inside 197 Tung Choi Street, Mong Kok, and at that time were found to have one resealable plastic packet in your trouser pocket. Nothing else was found in your possession of note. This was not your home address and upon arrest and caution, as is your right, you said nothing.
In the ensuing video interview, however, you said that you either did not know or could not remember, in answer to questions put to you. However, when it was suggested to you by the officer that you were a drug user, you agreed with him and you said that the ‘Ice’ that they had found upon you was for your own consumption.
‘Ice’ is an expensive drug habit for someone who is unemployed and has no other means of income save for the CSSA that is due to your mother. It is, therefore, very easy to turn to crime in order to feed your habit.
But the retail value of the drugs that were found on you was $11,672.
I note that you are only 21 years of age and that you have no criminal record.
I take into account the fact that you indicated a plea to possession at an early stage, and that the trial, if it had taken place, would have been shortened as a result of a frank disclosure of the single issue that the jury needed to consider.
Unfortunately, your plea to trafficking came at a very late stage because it was on the first day of the trial, but it came unsolicited and not after a voir dire as sometimes happens, so I will not penalise you for the lateness of plea.
I take into account all that has been said on your behalf by Mr Luk; the letters provided on your behalf by your mother, her friend and, of course, yourself; your limited educational background; your previous employment status as a warehouse worker; that you are single and have been a support to your mother; and that you are remorseful.
I also take into account the fact that you wish to change your ways and wish to help others to change their ways. I note that you allege that you are an abuser of ‘Ice’ on a daily basis whilst living on CSSA, although you do not suggest through counsel that the ‘Ice’ you had on your was for your personal consumption. Your frankness is to your credit.
You fall to be sentenced under the guidelines as set out in HKSAR v Tam Yi Chun [2014] 3 HKLRD 691, which states that an appropriate range of sentencing for between 10 and 70 grammes of ‘Ice’ is between 7 and 11 years.
Personal circumstances do not normally have much effect on the guideline sentencing. However, taking into account all that I have already mentioned, I have taken a starting point of 8 years’ imprisonment. You will be given a discount for your plea of the full one-third and therefore you will go to prison for 5 years and 4 months.