COURT: Defendant, you had plead guilty to a count of trafficking in dangerous drugs. The particulars of which is on 22 November 2022, at Pau Chung Street near the junction with Sheung Heung Road, you unlawfully trafficked in dangerous drugs, namely, 9.71 grammes of a solid containing 9.05 grammes of cocaine. The 2nd count which you had pleaded guilty to is also trafficking in dangerous drugs, charged you on the same date at the same place. This time, the drug is methamphetamine hydrochloride, and the quantity is 11.65 grammes of a crystalline solid containing 11.55 grammes of ‘Ice’.
The facts run as follows. On 22 November 2022, at about 5.55 in the morning, police officers patrolled near the junction of Sheung Heung Road and Pau Chung Street. Police intercepted you in your car. Police officers asked you to alight from the car. And upon search, police found in the bag carried by you a plastic bag containing 56 plastic bags containing a total of 9.71 grammes of a solid containing 9.05 grammes of cocaine. That is the subject matter of the 1st count.
Police then searched the car, and at the door pocket next to the driver’s seat, they found seven plastic bags containing a total of 10.5 grammes of a crystalline solid containing 10.4 grammes of methamphetamine hydrochloride. At the armrest storage, another plastic bag containing 1.15 grammes of a crystalline solid containing 1.15 grammes of methamphetamine hydrochloride was found. And at the back of the seat, there was an ‘Ice’ inhaling bottle.
You were arrested, and under caution, you remained silent.
In subsequent video-recorded interview, under caution, you said you were waiting for a friend, but other than that you remained silent.
The street values of the drugs was for cocaine, $8,098, and for ‘Ice’, $6,629.
You only received education up to Primary 6, and you were born in 1963. You are a drug addict and you live alone. You had, on three occasions, been convicted of four offences, all related to drugs. In 1994, you were convicted in the High Court for manufacturing dangerous drugs and was sent to a term of imprisonment of 21 years. Then in 2009, you were convicted in trafficking in dangerous drugs in the High Court again, and this time you were given 7 years.
Looking at your record, no doubt one would come to the conclusion that you had been making your living by way of trafficking in dangerous drugs or making dangerous drugs. On and off, that is. Those stiff sentences passed by the High Court did not deter you from this evil trade.
As the drugs were found on the same occasion, some on you, some inside the car that you were in, I will treat both counts as if there was only one count, involving two types of drugs, in order to reflect accurately your criminal responsibility on the day in question.
Of the two counts, the more serious charge is the 2nd count involving ‘Ice’. According to Tam Yi Chun, for quantities between 10 and 70 grammes, one is looking at a sentencing range of 7 to 11 years. The question really is, by how much that range of sentence, 7 to 11, for Charge 2, should be enhanced in view of the presence of another type of drug in Charge 1, namely, cocaine, which is also of a significant quantity.
I am grateful for the calculation done by your counsel Mr Chiu according to the three tests set out in the case of Chan Yuk Leong, and I am told that the prosecution takes no issue with those calculations.
In the circumstances of this case, I think an appropriate initial starting point is one of 7½ years, having taken consideration or having counter check against the tests. I accept that your role and culpability in the matter is at the lowest end. You are a courier. So I will use 7½ years as a starting point.
Looking at this case, I am afraid there are aggravating factors. As I have said earlier, you have, on two occasions, been convicted in the High Court of very serious drug offences. Very stiff sentences were already passed on those occasions on you. However, you were not deterred from making your living by way of drug trading. In the circumstances, I enhance the starting point that I had adopted by 1 year.
You have abandoned the claim for self-consumption. The only other mitigating factor in your case is your timely plea. Other than that, I do not see any other matters which call for a discount or warrant a discount. I will give you a one-third for your plea. So, the sentence will come down to 5 years and 8 months.
So the sentence I pass on you is 5 years and 8 months for each count, and the sentences are to run concurrently, making a total of 5 years and 8 months.