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, the background of the defendant and mitigation put forward on his behalf.
The facts of the case may be summarised as follows.
On 26 June 2014 the defendant was stopped by a Customs officer on a street in front of a building in which he resided. Upon search, two packets of cocaine were found in a shoulder bag he was carrying. Later, two other bags of cocaine were found attached to his waist. When a search was conducted inside the defendant’s home, 14 bags of cocaine and an electronic scale with traces of cocaine on it were found in the defendant’s bedroom.
Under caution, the defendant admitted that all the dangerous drugs belongs to him for distribution to other people. He was to receive a reward of around $10,000.
The two packets found in the defendant’s shoulder bag contained 1.39 kilogrammes of a solid and powder containing 1.06 kilogrammes of cocaine. The two bags attached to his waist contained 0.59 kilogramme of a solid and powder containing 0.45 kilogramme of cocaine. The above formed the subject of Count 1.
The 14 bags of cocaine found in the premises contained 225.19 grammes of a solid and powder containing 100.50 grammes of cocaine. This is the subject matter of Count 2.
I was told that the defendant is now 31 years of age. He completed Form 3 education. At the time of the offence he was unemployed. He is the divorced and living apart with his ex-wife and his son now aged 12. He has a clear record before.
In mitigation, counsel for the defence, Mr Ho, urged me to take into account the guilty pleas of the defendant and that no aggravating factor existed in the case. He told the court that the defendant committed the present offences under great financial difficulties. Despite the defendant has separated with his wife he still wants her to return. He still loves and cares about his son, and has supported him financially in his private tuition and extracurricular activities despite he owns a debt of about $100,000.
At the time of the offence he needed money to pay for a study trip of his son and he thought it would be important for his academic advancement. It was in these circumstances that he was lured by a friend to engage in trafficking so that quick money could be earned.
A letter of the defendant was produced. In the letter the defendant expressed his remorse and indicated that he would try his best to turnover a new leaf.
The Court of Appeal held in AG v Chang Chen Li Sa [1995] 1 HKCLR 69 that in a case of trafficking in cocaine the guidelines in Lau Tak Ming [1990] HKLR 370 is applicable since the narcotic content of the two drugs are very closely alike in the degree of harm.
In Lau Tak Ming, a sentence of more than 20 years’ imprisonment was suggested by a case of trafficking in heroin if the narcotic content is over 600 grammes. In a subsequent case of HKSAR v Abdallah [2009] 2 HKLRD 437, the Court of Appeal held that a sentence of 23 to 26 years’ imprisonment should be considered if the narcotic content of the heroin trafficked in is 1,200 to 4,000 grammes.
Mr Ho drew the attention of the court to the cases of Farias CACC 368/2009, and Joerawan CACC 278/2010 both of which I have considered.
I will adopt the following starting points for each count. Count 1, 23 years; Count 2, 9 years. Having considered the whole circumstances, taking into account the total quantity of cocaine involved was about 1.6 kilogrammes, in my judgment an overall starting point of 23 years is appropriate.
The defendant is entitled to a one-third discount for his guilty plea.
Having considered the whole circumstances, including what learned defence counsel said on behalf of the defendant, I am of the view that one-third is the extent of discount he is entitled to.
Yes, defendant, please stand up.
By reason of the matters aforesaid I sentence you as follows.
Count 1, 15 years and 4 months; and Count 2, 6 years’ imprisonment. I order that the two sentences to run concurrently. As a result, you are to serve a total imprisonment term of 15 years and 4 months for the two counts.