COURT: The defendant had pleaded guilty in the Magistrates’ Court to one count of trafficking in a dangerous drug, namely, 71.7 grammes of a solid containing 63.5 grammes of cocaine.
The facts are not complicated. The defendant was seen by patrolling police officers in the Wong Tai Sin area. And subsequently, a few minutes later, he was seen again. And this time, the defendant was holding a red recycling bag.
The officer, very diligently, then stopped the defendant. And the defendant, at that time, immediately threw the recycling bag onto the ground. The police officer then picked up the bag and saw that inside that bag were the drugs which is the subject matter of the charge. The defendant was then arrested, and under caution, he said that he received $500 for storing the bag of cocaine in his home.
And the estimated market value of the cocaine would be in the range of $59,000 for cocaine powder and just over $74,000 for crack cocaine.
Nothing was found at his home, and no incriminating items and drug paraphernalia were found.
The only plea in mitigation that I can see in this case is the fact that the defendant pleaded guilty at the earliest opportunity. Mr Cheung correctly pointed out that it is his first drug case, although he has four previous convictions, they were not similar. However, this gives me an insight into the defendant’s background. Because when he committed this present offence he was only 16. But when he was 14, he committed two burglaries and a criminal damage.
So the defendant will have to try and improve himself during this time in incarceration, as he had only received up to Secondary 3 education. And he could usefully use the time in prison to study, learn the trade to better himself. And this is a matter for him, because otherwise it would be a slippery slope for him if he is released from prison, doesn’t have anything to do, and it is very easy temptation to slide back into a life of crime.
So, as Mr Cheung also correctly pointed out, the Court of Appeal has already laid down some guideline sentencing principles in relation to sentencing of cocaine. And the starting point would be about 8 years and 4 months, and that giving the defendant the full one-third discount would work out to about 5 years and 6½ months.
The defendant also wrote a letter saying that he is remorseful, and I hope he is, and that a real sign of his remorse would be is that he participates in educating himself whilst in prison for the benefit of his parents.
So, I will therefore adopt the suggestion of Mr Cheung, the starting point being 8 years and 4 months. And, however, I will give him a slightly less because after all, he was a courier more than anything else. And so I would sentence the defendant to 5 years and 3 months.