COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance. He is committed to this court for sentence. On 9 November 2020, police officers stopped a private vehicle for a snap check. At the time, the defendant who sat in the front passenger seat carried with him a black shoulder bag. Upon a search of the black shoulder bag, 41.7 grammes of methamphetamine, ‘Ice’, placed inside four plastic bags was found.
The street value was estimated to be $28,112.
Under caution, the defendant claimed that the drugs were for his own consumption. The defendant in the magistrate court, however, accepted that at the material time, those drugs were for trafficking.
The defendant is 55, a cleaning supervisor prior to his arrest. He has 11 criminal convictions, all related to drug, and one in particular was trafficking in a dangerous drug. He also has a long history of drug abuse.
The guidelines on sentencing is clear. Starting point for trafficking in 41.78 grammes is one of 9 years and 9 months’ imprisonment according to Mr Ma, counsel for the defendant.
Given what I have just indicated, among the 41.78 grammes of ‘Ice’, this court only accepts 2.18 grammes was for his own consumption. As such, the defendant was trafficking in 39.6 grammes of ‘Ice’ at the material time. As such, the starting point for trafficking in 39.6 grammes, approximately 40 grammes, is 9 years’ imprisonment.
Possession of the 2.18 grammes of ‘Ice’ in itself could also attract a sentence of 6 months’ imprisonment, given the defendant’s past criminal record.
The defendant will be given the full one-third discount for his earliest plea. In conclusion, for the sole offence the defendant stands convicted, he is therefore sentenced to 6 years and 4 months’ imprisonment.