COURT: The defendant has pleaded guilty to two counts of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance; one count of manufacturing a dangerous drug, contrary to section 6 of the Dangerous Drugs Ordinance; one count of possession of a dangerous drug, contrary to section 8 of the Dangerous Drugs Ordinance; and one count of assaulting a police officer in the due execution of his duty, contrary to section 36 of the Offences Against the Person Ordinance. He is committed to this court for sentence.
In the evening on 11 March 2019, the defendant was intercepted by police officers outside one apartment in Mong Kok. The defendant struggled and put up resistance. In the course of the struggle, he bit on the finger of one police officer, causing the finger to bleed. The struggle continued. With the aid of another police officer, the defendant was finally handcuffed.
A search of the defendant’s jacket pocket found 64.7 grammes of cocaine. Later, police officers broke into the apartment in question and found 607.36 grammes of cocaine, sodium bicarbonate, various chemicals and drug paraphernalia, which were commonly used for cocaine-based manufacturing. Inside one of the rooms, police officers also found 0.12 grammes of methamphetamine.
The street value of all the dangerous drugs seized was estimated to be over HK$800,000.
The defendant is now 39 and has six criminal records involving nine offences, three relating to the trafficking in a dangerous drug and one relating to resisting a police officer. Prior to his arrest, he was an Uber driver.
Guidelines for sentencing are clear. For Count 1, the notional starting point for trafficking in 64.7 grammes of cocaine would be one of 8 years and 3 months, ie, 99 months’ imprisonment. Apart from the defendant’s plea, there is no other mitigation. As such for Count 1, the sentence is set at 66 months’ imprisonment.
For Count 4, the notional starting point would be one of 20 years’ imprisonment. In this particular case, the defendant was not acting simply as a courier. He was effectively running a manufacturing and distribution centre. Given that, 2 years will be added. Further, this is also not the first time the defendant has committed the offence of trafficking in a dangerous drug. Given his past criminal record, an additional 1 year will be added,thus, making a total of 23 years’ imprisonment for Count 4.
Apart from his plea, there is no other mitigation. As such, the sentence is set at 15 years and 4 months’ imprisonment.
Insofar as Count 2 is concerned, this is again not the first time the defendant has committed such an offence. As a result of his resistance and struggle, the officer in question sustained a laceration to his finger, albeit not very serious. The notional starting point is set at 6 months’ imprisonment. Given the defendant’s plea, he is sentenced to 4 months’ imprisonment.
Insofar as Count 5 is concerned, the notional starting point is set at 6 months’ imprisonment, given the small amount involved. Given the defendant’s plea, the sentence is set at 4 months’ imprisonment.
Insofar as Count 3 is concerned, the criminality of that offence has been subsumed into Count 4. The sentence is also set at 15 years and 4 months’ imprisonment after a plea.
Given the circumstances of the arrest and the seizure of the dangerous drugs in question, the sentence imposed on Counts 1, 3 and 4 are ordered to run concurrently.
Insofar as sentences imposed on Count 2 and Count 5 are concerned, they are ordered to run consecutively to each other and also consecutively to the sentences imposed on Counts 1, 3 and 4.
In summary, for the five offences the defendant stands convicted, he is sentenced to 16 years’ imprisonment.