COURT: Defendant, you pleaded guilty on 2 November 2023 before a magistrate at the Eastern Magistracy to two charges of trafficking in a dangerous drug. On that same date, you admitted a Summary of Facts dated 26 October 2023 to be correct. As a result of your plea of guilty, you have been committed here to the Court of First Instance for sentence.
Both of these offences, Charges 1 and 2, were committed on 15 July 2021. In Charge 1, the offence was committed outside Block 15 of Laguna City in Lam Tin, whilst in Charge 2, the offence was committed in Flat A, on the 1st Floor of Block 15 of Laguna City.
The quantity of drugs unlawfully trafficked in Charge 1 was 24.9 grammes of a solid containing 23.8 grammes of cocaine and the quantity of drugs in Charge 2 was 12.56 kilogrammes of a solid containing 12.05 kilogrammes of cocaine.
I turn now to the facts of this case. At around 5 pm on 15 July 2021, whilst the police were conducting an anti-narcotics operation at Block 15, Laguna City, you the defendant was seen walking down the staircase to the lobby entrance on the ground floor in a quick pace and acting suspiciously. You were then intercepted by police officers.
Upon search of your person, the drugs as quantified in Charge 1 was found inside the right pocket of your trousers. Upon finding the drugs, you attempted to run away but was subdued by the police officers. You were arrested and cautioned for trafficking in dangerous drugs. In reply, you told the police officers that you had intended to take the packet of dangerous drugs, which was cocaine, out for sale. You asked for a chance.
Thereafter, the police officers led you to the flat in Charge 2. The police used one of the keys seized from your person to open the door. There were three rooms inside the flat. Upon execution of a search warrant, in the flat the drugs in Charge 2 were found in what was denominated as room 1, inside 14 transparent resealable plastic bags.
Also found in the room was a carton box containing 11 dismantled photo frames, two electronic scales, a pile of transparent resealable plastic bags, and a box of ziplock bags.
You were again arrested and cautioned for trafficking in dangerous drugs, you said the dangerous drugs were cocaine and you had intended to take them out for sale later. You were regretful.
A video-recorded interview was conducted under caution with you. Amongst other things, you stated that you share the flat with a friend and you both paid the monthly rent equally. You had occupied two bedrooms of the flat, one was for sleeping, and the other was for the handling of dangerous drugs.
You said that a male by the name of Ah Kau employed you to collect dangerous drugs, then take them home for repackaging, and then deliver the drugs to others. You said you would receive $20,000 to $30,000 as a reward.
You informed the officers that at 6.30 pm the day before, that is the 14th of July, you had followed Ah Kau’s instructions to collect a carton box from an unknown female at Wing Yip Street in Kwun Tong.
After returning to the flat, you took the carton box containing some photo frames to the room. You then dismantled the photo frames and took out the hidden dangerous drugs and packaged the dangerous drugs into the plastic bags. You admitted the resealable plastic bags, the electronic scales, and sealer seized were for the use of packaging the dangerous drugs. You admitted that you bought the electronic scales and sealer in a shop in Sham Shui Po. As per Ah Kau’s request, you packaged dangerous drugs into 900 to 1,000 grammes per bag.
The total value of the drugs in this case amounted to $14,799,842.
I turn to sentence. The sentence approach to sentencing in drug trafficking cases are the ones laid down in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290 and complemented in HKSAR v Lee Ming Ho [2024] HKCA 150.
The first step is to identify the relevant guideline bracket applicable to the quantity concerned. The tariff for cocaine in these large amounts is set out in the authority of Abdallah. The total quantity of cocaine trafficked in both charges was 12,073.8 grammes or 12.07 kilogrammes. That falls within the bracket of 4,000 to 15,000 grammes, where a starting point of between 26 to 30 years’ imprisonment is appropriate.
The second step is to assess the role and culpability of the defendant based on the evidence. In this case, defendant, you were a courier and a storekeeper involved in unpacking and packaging of the drugs as well as the deliverer of the drugs.
The third step is to identify where in the relevant band you would fall within given the circumstances of this offence and the role that you played. Defendant, upon arrest you made full and frank admissions as to your role as stated above under caution after your arrest. In this particular case, Mr Chan, your counsel, Chan Pak-kong, has explained to this court that this is the first time that you had worked for Ah Kau and you had in fact not yet delivered any drugs and nor had you received your $20,000 to $30,000 reward.
And although you told the police upon arrest that you were taking the cocaine out for sale or that you had intended to sell them later, it was not quite accurate as you yourself would not sell them but you would just deliver them and receive a reward from Ah Kau.
Mr Chan, your counsel, has accepted that in this case there may be an aggravating factor in that you were not just a courier but that you were unpackaging these drugs from their original source. In this case, defendant, the drugs to which you collected in the carton box were hidden in amongst photo frames.
It was your duty to dismantle the photo frames, to take out the dangerous drugs, and then package them individually into plastic bags as to certain weights and then deliver them to people. In those circumstances, I do not consider you to fall within the very lowest band.
Taking the drug’s amount as they are, the lowest band as accepted by Mr Chan would be that of 28 years and 9 months’ imprisonment. Given the role that you played, I consider your role in the trafficking of these drugs was slightly above that and I would adopt a slightly higher starting point than that. An appropriate starting point in my view would be 29 years’ imprisonment which falls within the relevant band.
The fourth and fifth step require the court to consider if there are any other aggravating or any exceptional mitigating factors. Defendant, you have written me a heartfelt letter expressing your deep remorse and the sadness it had caused your mother and the burden to your grandmother. I bear these in mind, but in this particular ground of sentencing, personal circumstances would generally count for little or none. I do not find any aggravating or mitigating factors.
Defendant, on your personal background, defendant your greatest mitigating factor is your plea of guilty at the earliest opportunity and you will benefit from that, for a one-third discount to the starting point. As I mentioned earlier, I consider a starting point of 29 years’ imprisonment to be appropriate for total amount of drugs and your role. Giving you the one-third discount, the sentence is reduced to one of 19 years and 4 months’ imprisonment.
Defendant, the sixth step is to observe the overall sentence passed to ensure that it was fair, just, and balanced in all the circumstances of the offence and the offender. Defendant, although this is a lengthy sentence, based on the above factors I consider it fair, just, and a balanced sentence.
Defendant, you are charged with two offences and in the circumstances you must be sentenced separately for both offences.
For Charge 1, the amount you trafficked in was 23.8 grammes of cocaine. The guideline case for trafficking in cocaine is that of Attorney General v Rojas [1994] 1 HKC 342. The appropriate band is up to 10 grammes which warrants between 2 to 5 years’ imprisonment.
The appropriate starting point after trial is one of 2 years’ imprisonment. Giving you a discount of one-third for your plea of guilty, that shall be reduced to 1 year and 4 months’ imprisonment.
For Charge 2, the quantity involved is that of 12.05 kilogrammes, and as I have already mentioned I consider that to be a starting point in the circumstances of this case to be one of 29 years, which reduced to 19 years and 4 months taking into account your plea of guilty.
Both sentences are to run concurrent to each other, therefore your total term is one of 19 years and 4 months’ imprisonment.