COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance.
In the afternoon on 9 July 2021, police officers entered a room at Harbour Plaza Metropolis (“the Hotel”). The defendant was found lying on the bed.
Upon a search of the hotel room, 5.07 kilogrammes of heroin and 12.934 kilogrammes of methamphetamine, ie, ‘Ice’, were found inside two suitcases and on the desk. The defendant was then arrested. Under caution, the defendant admitted that he was responsible for delivering heroin and ketamine for financial rewards.
The street value was estimated to be over HK$17 million.
The defendant is 20 today. He was 17 at the time of his arrest. He is single, received education up to Form 6 level. Prior to his arrest, he was a student enjoying a clear record.
In mitigation, it was submitted that due to financial difficulties his family encountered at the time, he therefore decided to go into this evil trade.
Mitigation letters from a pastor, teacher, social worker, and mother have been produced and placed before this court. In essence, they were surprised and asked leniency from the court and hoped that the defendant could turn a new leaf after his discharge from prison. I fully understand the wish of the friends and family in particular the letter from the mother. However, I am bound by the sentencing guidelines laid down by the Court of Appeal.
In this particular case, without further evidence pointing otherwise, I am prepared to accept that the defendant was acting no more than a courier. Because of momentary greed, he succumbed to the temptation of getting quick cash. It is always sad to see a young man committing such a serious crime.
The notional starting point for trafficking in 5.07 kilogrammes of heroin and 12.934 kilogrammes of ‘Ice’ is one of 30 years’ imprisonment.
It was further submitted by Miss Cheung on behalf of the defendant that given the mistaken belief that the defendant had at the time of his arrest, namely, that he was trafficking in heroin and ketamine, a further discount of 1 year should be given.
Mr Kong for the prosecution submitted that the notional starting point for trafficking in just 5 kilogrammes of heroin would be one of 27 years’ imprisonment. As such, the discount given to the defendant for his mistaken belief should be negligible, if any.
Having considered all the circumstances, I am of the view that a small discount of 6 months could be given. The defendant of course will be given the usual one-third discount for his earliest plea. That will reduce the sentence into one of 20 years’ imprisonment. Given the small discount that I have just mentioned, for the sole offence the defendant stands convicted, he is therefore sentenced to 19 years and 6 months’ imprisonment.