COURT: Defendant, you are committed to this court for sentence of one charge of trafficking in a dangerous drug. The particulars of the charge are that on 3 June 2022, outside Ground Floor, 23 Dundas Street, Mong Kok, Kowloon in Hong Kong, unlawfully trafficked in a dangerous drug, namely, 47.8 grammes of a solid containing 38.5 grammes of cocaine.
The facts admitted are these. At 12.59 on 3 June 2022, police officers PW1 and PW2 saw a white private vehicle bearing registration number XM7685, turned left from Ferry Street to Dundas Street. PW2 intercepted the car for checking. Only the defendant was on board of the car. PW1 asked the defendant to get out of the car for investigation.
Upon search of the car, a rental agreement issued by MPV Motor Trading Co Limited was found inside the glove compartment. A pink plastic bag was found inside the storage compartment between the driver’s seat and the front passenger seat. A sealed transparent bag containing cocaine (“E1”) was found inside the pink plastic bag. The defendant was arrested for the offence of trafficking in a dangerous drug. Under caution, the defendant said the ‘Coke’ was for self-consumption.
Upon body search on the defendant, a black plastic bag was found at the middle part of the defendant’s waist between his jeans and underpants. A sealed transparent bag containing cocaine (“E2”) was found inside the black plastic bag. The defendant was arrested for the offence of trafficking in a dangerous drug. Under caution, he said the ‘Coke’ was also for self-consumption.
The defendant was brought back to Mong Kok Police Station. Upon further body search, two iPhones and cash of $5,340 were found and seized. A cautioned video interview was conducted with the defendant. The defendant admitted that he was born in Hong Kong with education up to Form 3. He has the habit of taking cocaine. The cocaine found by the police was for self-consumption. The car was rented in the previous month for his elder brother’s wedding.
Government canvass subsequently confirmed the narcotic content of E1 being 23.9 grammes of a solid containing 19 grammes of cocaine, and E2 being 23.9 grammes of a solid containing 19.5 grammes of cocaine. The estimated street value for the cocaine seized, E1 and E2, is $39,961 (powder form) or $60,085 (crack form).
Vehicle check revealed that the car belonged to a car rental company, namely, MPV Motor Trading Company Limited, and was rented to the defendant on 12 May 2022 for one month at a rental of $5,500.
The defendant accepts and admits on 3 June 2022, outside Ground Floor, No. 33 Dundas Street, Mong Kok, he illegally trafficked in 38.5 grammes of cocaine.
Personal Background and Mitigation
The defendant is 26 years old. He was born and raised in Hong Kong. He has received education up to Form 3. At the time of the offence, the defendant was 23 years old. He lived with his parents and worked as a renovation worker prior to the arrest. He was able to earn $12,000 per month and would pay $6,000 to his parents. He has two elder brothers.
The defendant has a few records of trafficking offence. In mid-2021, he was convicted of one count of trafficking in a dangerous drug and one count of possession of a dangerous drug, for which he was respectively sentenced to 22 months’ imprisonment and 40 days’ imprisonment, treated concurrently. The defendant was released in March 2022, shortly before this offence.
Mitigation letter for my consideration. In short, the defendant is remorseful. He participated in rehabilitation
activities during his remand, and he has planned for his future. The defendant said in his letter that he committed the last offence due to the influence of bad peers and inability to resist temptation. The defendant also said he realised that he did commit the present offence shortly after his release. Due to the fact that he could not find a job during the pandemic, he committed the present offence with a view to earn some quick money. The defendant’s family members are in court to show support. The defendant misses his family and asks for leniency.
In addition to the matters as stated in counsel’s written submissions supplemented by his oral submissions, there is nothing additional for this court to consider for the defendant’s mitigation.
Discussion
For many years, the community of Hong Kong has taken a severe view of drug trafficking, in particular in relation to drugs such as cocaine. No doubt the drug has terrible consequences for the individual, but there are also serious consequences for the community. The view of the community is reflected by the courts in the nature of the sentences and levels of those sentences traditionally imposed for drug trafficking.
The sentencing policy underlying is to impose deterrent sentences. The courts have provided sentencing guidelines for trafficking in dangerous drugs. In sentencing the defendant, I adopt the six-step approach in Herry Jane Yusuph. I have also considered the case of Lee Ming Ho. The guidelines for trafficking in cocaine are laid down in Lau Tak Ming. The quantity of cocaine involved falls within the band of 5 to 8 years. Arithmetically, 38.5 grammes of cocaine would attract a sentence of 7 years and 1 month’s imprisonment.
As to the role played by the defendant, in light of the evidence adduced and the facts admitted, in particular the circumstances the defendant was found carrying the drugs, I find that the role played by the defendant was a mere courier. There is no claim for self-consumption. I notice that the defendant was convicted of trafficking in a dangerous drug and possession of a dangerous drug on 24 June 2021, by which he was sentenced to 22 months’ imprisonment. Subsequently, less than three months after his release, he committed the present offence. For this reason, I shall enhance the sentence according by 2 months’ imprisonment.
The only and strongest mitigating factor is the timely plea, for which a full one-third discount is warranted.
Defendant, you are therefore sentenced to 4 years and 10 months’ imprisonment.