On 8 July 2018, the defendant was stopped by police officers on a taxi at Shui On Street Tai Po, New Territories at about 2158 hours. Upon search on the defendant, the following items were found: one resealable transparent plastic bag inside the left sock of the defendant with dangerous drugs in it; two other resealable transparent plastic bags with dangerous drugs inside were found inside a cloth bag buttoned inside the shorts of the defendant; and an electronic scale and a mobile phone were found inside the shoulder bag carried by the defendant. Two other mobile phones and cash of $1,425.50 were found inside the right front pocket of the shorts of the defendant.
The defendant is 27 years old. He was educated up to Form 4 level. He has one previous criminal conviction of robbery for which he was sentenced to 2 years and 4 months’ imprisonment and released from custody in December 2016. He was a transport worker before he was arrested. He is single and living with his parents.
Ms Chow, counsel for the defendant, submitted that one-fourth of the drugs found on the defendant was for his own consumption. Ms Chow submitted that there was an arrangement amongst the defendant and his three other friends that they would go purchase drugs in turn for sharing. I have considered the forceful submission of Ms Chow. However, I do not accept that there is a substantial part of the dangerous drugs found on the defendant was for his own consumption.
I have considered the way the dangerous drugs were packaged and the fact that there is an electronic scale found on the defendant and the three mobile phones were found on him and there has been no particulars given for the identity of his friends and the place where the drugs were to be shared.
Trafficking in dangerous drugs is a very serious offence. A person committed this offence will inevitably face with a long term of imprisonment. The Court of Appeal has laid down sentencing tariff in respect of different kind of drugs. For trafficking in ‘Ice’, this court should consider the Court of Appeal case of Tam Yi Chun in consideration of sentencing. Under the guideline, for trafficking in 10 grammes to 70 grammes, of ‘Ice’, the appropriate starting point is in the range of 7 to 11 years’ imprisonment.
Considering the background of the defendant, including the fact that this is the first time he committed a similar offence, he is supported by his mother and family and by reading the letters from the defendant’s mother and the defendant himself, I am satisfied that the defendant is now very remorseful. For these reasons, I would adopt a starting point on the low side of 8 years’ imprisonment.
Taking into account the defendant’s guilty plea, the starting point of imprisonment is reduced to 64 months’ imprisonment, which reflects a full one-third discount.
The defendant is, therefore, sentenced to 5 years and 4 months’ imprisonment.