The defendant was seen coming out of a flat against which police officers had obtained a search warrant. She was stopped and found in possession of keys to the flat, and a search conducted in Room F revealed various packets of drugs and paraphernalia for packaging such as an electronic scale, a pair of forceps, pair of scissors, a roll of adhesive tape and a number of empty transparent resealable plastic bags.
Under caution, the defendant admitted that she bought the drugs for HK$22,000 and now she admits that she was unlawfully trafficking in the said drugs. The drugs, upon analysis, were found to be 17.59 grammes of a mixture containing 14.24 grammes of heroin hydrochloride, 72.04 grammes of a crystalline solid containing 71.03 grammes of methamphetamine hydrochloride, two tablets containing 0.03 gramme of methamphetamine, 0.89 gramme of a solid containing 0.03 grammes of methamphetamine, 6.96 grammes of a solid containing 6.21 grammes of cocaine, 0.08 grammes of a solid containing cocaine and 60 tablets containing 0.09 grammes of clonazepam and 0.81 gramme of cannabis in herbal form.
The retail price of all the drugs were around HK$66,000.
By way of mitigation, it was advanced on her behalf that being a drug dependant herself, she resorted to trafficking in drugs to feed her own addiction. She is now aged 43 and has 11 previous convictions, five of which are drugs-related. Her last conviction was in 2019. For one charge of possession of dangerous drugs, she received 8 months’ imprisonment.
In sentencing her, I have taken into account the nature of the offence, the different kinds of drugs involved, the sentencing authorities and tariffs and mitigation advanced by counsel. In my view, the insignificant amount of clonazepam and herbal cannabis can be ignored for the purpose of calculating the starting point. One looks at the two major types of drugs involved here which are 20.45 grammes of heroin or cocaine which falls within the 10 to 50 grammes, 5 to 8 years’ bracket, and 71.03 grammes of ‘Ice’ which falls within the 70 to 300 grammes, 11 to 15 years’ bracket.
I then apply the various tests in Chan Yuk Leong to countercheck. First, the absurdity test. Assuming the entire quantity of drugs, ie 91.48 grammes, are all ‘Ice’, that will attract an 11 years and 6 months’ starting point. Whilst assuming all the drugs are heroin, it will attract a 9 years’ starting point.
Secondly, the conversion test. Here, the 20.45 grammes of heroin attracting 5 years and 9 months will be converted into 7 grammes of ‘Ice’, and adding to the 71.03 grammes of ‘Ice’ equals 78.03 grammes of ‘Ice’ which attracts about 11 years and 1 month.
Thirdly, the ratio test. Here, the heroin-to-‘Ice’ ratio is 22.35 to 55.65. So with the ratio and with the respective sentence added together, it is around 11 years’ starting point.
I therefore adopt the ratio test which is the most appropriate in reaching the notional starting point which I will enhance by 6 months for the presence of more than one type of drugs present to 11 years and 6 months. The defendant is then given the full one-third discount for a guilty plea and she is sentenced to 7 years and 8 months’ imprisonment.