CRIMINAL CASE NO. 75 OF 2009
COURT: Chan Hei-kam, as a drug addict and a man with a long criminal record for offences involving the misuse of dangerous drugs, including previous convictions for trafficking in dangerous drugs, you will be aware of how seriously the law views this offence.
From what he has told me this morning, your counsel, Mr Chau, will have told you, if you did not know it already, that there are very clear guidelines laid down by the Court of Appeal for all judges as to how we should sentence people who engage in this filthy trade. Mr Chau will also have told you that judges are expected to stick to those guidelines unless there are very strong reasons not to do so. I have to tell you that there are no very strong reasons in your case.
There is nothing in your background or in the circumstances of commission of this offence which in any way goes towards your mitigation. I note your extensive criminal record but I make it clear that I am not aggravating your sentence because you have a criminal record.
Your only mitigation - and it is a powerful mitigation - is that you admitted your guilt at a very early stage. You pleaded guilty before the magistrate. That shows realism on your part. It also indicates a degree of remorse and because of it, it is well established that you are entitled to a substantial discount in the sentence that you would have received had you taken this matter to trial and been found guilty.
Following the guidelines I have spoken of, had you taken this matter to trial, - had you pleaded not guilty - had you fought the case and a jury found you guilty, I would have sent you to prison for 8 years. Because of your plea of guilty, I am reducing that sentence by one-third. Your sentence for this offence, therefore, is a period of imprisonment for 5 years and 4 months, which is the sentence I now pass upon you.