COURT: The defendant pleads guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.
The defendant was stopped and searched by a police officer. He was found to possess one resealable plastic bag which contained three transparent resealable plastic bags of drugs. Under caution at the scene, he stated the drugs found were “Ice” and “4 Chai” and they were for his own consumption.
The estimated value of the drugs was in the region of HK$21,000.
Upon analysis, the drugs were found to be 26.39 grammes of a crystalline solid containing 25.56 grammes of methamphetamine hydrochloride and 0.52 of a gramme of a mixture containing 0.41 of a gramme of heroin hydrochloride.
The defendant has 18 previous convictions, nine of which are drugs-related and three relate to trafficking of dangerous drugs. His last conviction was on 15 July 2011 for a charge of trafficking in dangerous drugs. He was sentenced to 24 months’ imprisonment. I am told that he was discharged from prison on 10 August 2012 which means that the present offence was committed slightly more than half a year after his release from prison.
By way of mitigation, I am told that he is now aged 55. he has been on heroin for around 20 years, although his record starts at 2002. Counsel urges me to take into consideration his co-operation with the police and he has pleaded guilty at the first possible instance. Counsel also urges this court to take into account that the heroin in question is for the defendant’s own consumption and he trafficked in drugs to feed his own addiction. I am asked to adopt a lower starting point and give him the full one-third discount for his guilty plea.
In sentencing the defendant, I have considered his guilty plea and mitigation forwarded by counsel on his behalf and the existing tariff in relation to the drugs involved. The amount of heroin in the present case is small when compared to that of the "Ice", so whether a combined approach is taken or not, or even if the heroin is disregarded for the purpose of sentencing, the amount of narcotics involved is still within the "Ice" range of 7 to 10 years’ imprisonment.
In relation to the present drugs in this case, I adopt a starting point of 8 years’ imprisonment. I shall give him the full one-third discount for his plea of guilty and he is sentenced to 64 months’ imprisonment, which means 5 years and 4 months.