COURT: Defendant, you have pleaded guilty to a charge of trafficking in a dangerous drug. You have admitted that on the 25th day of May 2013, at your flat in Discovery Park, Tsuen Wan, you unlawfully trafficked in 96.05 grammes of a solid and powder containing 79.86 grammes of cocaine.
At about 6 pm on 25 May 2013, you were intercepted by Customs & Excise officers as you waited to board a flight to New Zealand, as part of a tour group, at the Hong Kong International Airport. Nothing illegal was found upon search of your luggage.
However, you were then escorted back to your flat at Discovery Park and therein the drugs stated in the charge sheet were found in the premises in a wardrobe in the guestroom. The drugs were contained in a total of 184 plastic bags and three pieces of paper. They were together with a set of electronic scales, scissors, cling-film and five plastic bags.
Upon arrest and caution about these drugs, you denied knowing what they were. You did, however, state you had seen them in the flat before.
Through your guilty plea before me today, you now accept and admit you knew that those things were drugs and that you were trafficking in those dangerous drugs. The drugs had an estimated retail value of $92,976.40.
You are 39 years of age, divorced, and have a 10-year-old daughter. Mr Hemmings, your counsel, has put forward that your strongest mitigating factor is, of course, your plea of guilty. He has quite properly referred me to the tariff guideline case of Lau Tak Ming. For the quantities between 50 and 200 grammes, a starting point of between 8 to 12 years’ imprisonment is appropriate.
You have two previous convictions, both for common assault, unrelated to the present offences and minor offences for which you were fined and conditionally discharged.
Defendant, for the quantity of drugs that you were trafficking in, had you been convicted after trial, the appropriate starting point would have been one of 8 years and 6 months’ imprisonment.
Giving you full credit for your plea of guilty, that sentence should be reduced to 5 years and 8 months’ imprisonment, which you shall so serve.