COURT: 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.
You have admitted that on 10 January 2013, at the Sha Tin Centre Street at the New Town Plaza, you unlawfully trafficked in 107.20 grams of a solid containing 92.82 grams of cocaine.
On that day at about 5.55 pm, police officers saw that you were walking quickly towards the taxi stand and about to get on to a taxi with a shopping bag in your hand. They intercepted you and found inside the shopping bag the drugs contained in five small bags. When asked what those were, you replied they were dangerous drugs and you were carrying the goods for someone.
You told the police that you had received a reward of $2,000 for delivering it to another person.
The estimated street value of the dangerous drugs was $111,166.
Your counsel, Mr Duncan Percy, has mitigated most fully and thoroughly on your behalf today.
I have taken into account all that he has had to say, and the letters to which have been submitted to me from yourself, particularly, your mother and the pastors.
You are 19 years of age and of clear record. At the time of commission of this offence, you were 18. I am informed by Mr Percy that you committed this offence as you were helping out a friend who had himself been indebted to other traffickers.You were helping him pay off his debt.
You were at that time a naïve young man and fell into this trap. It was an easy task which you thought there was little or no consequence.
Since your arrest, you now understand the seriousness of this offence.
As I can see from the letters, you are very remorseful for your misdeeds. However, as a result of this offence, these unfortunate circumstances have made you somewhat closer to your family. You have appreciated their support and concern for you which you did not have prior to this offence.
As Mr Percy has rightly pointed out, the Court of Appeal has set down sentencing tariff guidelines for trafficking in cocaine in the case of Lau Tak Ming. Being of young age or clear record is not an exceptional circumstance. Unfortunately, traffickers do tend to try and use the blind, the maim, the young, or the elderly.
Defendant, the amount of drugs which you had for the purposes of trafficking falls within the third band of between 50 and 200 grams to which a sentence after trial between 8 to 12 years’ imprisonment is appropriate. Taking into account the quantity of drugs, had I convicted you after trial I would have taken a sentence of 8 years and 6 months’ imprisonment. Giving you full credit for your plea of guilty, that sentence shall be reduced to one of 5 years and 8 months’ imprisonment to which you shall so serve.