Defendant, you have pleaded guilty to a charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. You admitted that on 9 April 2013, on the 8th Floor, Lift Lobby, at Man Yuen Building, at Man Yuen Street, Yau Ma Tei, Kowloon, you trafficked in 119.28 grammes of a solid containing 73.54 grammes of cocaine.
On 9 April 2013, a team of police officers were conducting an anti-narcotic operation in the vicinity of the 8th Floor of Man Yuen Building. At about 7.15 pm they saw you coming out of the lift. They then intercepted you to make inquiries.
They also conducted a body search on you. Inside the black shoulder bag you were carrying were found the drugs in five resealable plastic bags. Inside your bag was also found four mobile phones. You were then arrested and cautioned for the offence of trafficking in a dangerous drug and in reply you said, “Ah Sir, I understand. As I’m out of a job I brought the cocaine back with intent to sell to others to earn money.”
The estimated street value of the drugs was calculated to be approximately HK$122,000. When you were interviewed, in a video-recorded interview, you told the officers that the drugs were purchased by you for $2,000 from an Ah Wah. Ah Wah had told you that one packet of drugs was worth between $3,500 to $4,000. After you had sold the drugs you would contact Ah Wah later regarding settling of further payment.
Two of the phones seized by the police were provided by Ah Wah to you to make phone calls about the drugs in the future.
Ms Juliana Chow, your counsel, has mitigated fully and thoroughly on your behalf. I have taken into account all that she has had to say. She informed me that Ah Wah had told you the drugs were approximately worth $10,000 and once you sold the drugs for between $3,500 and $4,000 you would then pay him the balance of $8,000 and keep the remaining as profit for yourself which would amount to about $10,000.
In mitigation I have told Ms Chow that I wholly do not accept that was the position. These drugs are worth $120,000‑odd and I do not accept that you had purchased them for only $10,000. Nevertheless, what I must not overlook here is the fact that you have of course pleaded guilty to this charge which is your strongest mitigating factor.
You are now 41 years of age, have five previous convictions of which none are similar but one is related, which is a possession of dangerous drugs in October 2011 for which you were given 1 month’s imprisonment suspended for 12 months. I am informed by Ms Chow that was in relation to the drug marijuana.
I have received two letters which are from yourself and your sister. It appears to me that you were a diligent worker. As a result of failure in your business and having financial difficulties, you then resorted to this crime. As a result, you are not able to support your mother and sister now.
I have no doubt you knew at the time that earning quick, fast money is always, almost always, illegal, in this manner. If you were caught, I am sure you would have realised you would have had to serve a term of imprisonment which wouldhave prevented you from providing support for your family. I say you knew, as you have had a previous conviction which is related to drugs for which you were given a suspended sentence.
Defendant, Ms Chow has rightly referred me to the tariff in sentencing for trafficking in cocaine. In the case of The Queen v Lau Tak Ming, you fall within the third category of between 50 grammes and 200 grammes for which a starting point of between 8 to 12 years’ imprisonment would be imposed after trial. I take into account the quantity of drugs that you were trafficking in and I would have taken a starting point of 8 years 6 months’ imprisonment had you been convicted after trial.
Giving you full credit for your plea of guilty that term shall be reduced by one-third and you shall be sentenced to 5 years and 8 months’ imprisonment.