COURT: The defendant has pleaded guilty to two counts of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance.
In the afternoon on 7 June 2022, the defendant was intercepted by Customs officers on the podium of a housing estate in Sham Shui Po. 8.93 grammes of cocaine was found on him. Under caution, the defendant admitted that he was going to deliver the dangerous drugs in question to others.
A house search was conducted at the defendant’s residence at the same housing estate. A further 67 grammes of cocaine, 184.31 of ketamine and various drug paraphernalia were also found.
The street value of the dangerous drugs in question was estimated to be around HK$190,000.
The defendant is 22, single, unemployed at the time, educated up to Form 3 level. He has a clear criminal record. It was submitted on his behalf that due to a traffic accident in 2022 in which both the defendant’s mother and elder sister were injured badly, the defendant decided to go into the drug trade to ease the family’s financial burden. A mitigation letter from the defendant has been produced. I have read it. Essentially, the defendant has regretted his wrong and asked for leniency from this court.
For the purpose of sentencing, I accept the defendant in this case was acting no more than a courier.
In respect of the Count 1, the notional starting point for trafficking in 8.93 grammes of cocaine is one of 4 years and 8 months’ imprisonment. Given the defendant’s plea, the sentence is reduced to one of 3 years and 1 month’s imprisonment.
In relation to Count 2, the notional starting point for trafficking in 67 grammes of cocaine and 184.31 grammes of ketamine, using the conversion test, is one between 9 years and 8 months to 10 years and 5 months’ imprisonment. Given the benefit of the doubt to the defendant, 9 years and 8 months will be adopted as the notional starting point. As the guilty has pleaded guilty at the earliest opportunity, his sentence is therefore reduced to one of 6 years and 5 months.
Mr Lee for the prosecution has kindly worked out the sentence. If one put all the drugs in question together, the sentence would come to one of 9 years and 10 months. To that, Mr Li for the defence also agrees. So that means after a plea the sentence would be one of 78 months’ imprisonment, ie, 6 years and 6 months. As such, 1 month of Count 1 will be ordered to run consecutively to the 6 years and 5 months imposed on Count 2.
Thus, for the two counts the defendant stands convicted, he is therefore sentenced to 6 years and 6 months’ imprisonment.