CRIMINAL CASE NO. 170 OF 2012
COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, namely 0.15 of a kilogramme of a crystalline solid containing 0.15 of a kilogramme of methamphetamine hydrochloride.
The facts are that the defendant was seen, on the evening of 23 November, holding a black plastic bag in his hand. When he was stopped and searched, the plastic bag was found to contain the dangerous drugs which are the subject matter of the count. The drugs had a street value of about HK$114,750.
The defendant is aged 24 and has a previous conviction for possession of dangerous drugs in 2005, when he was fined.
For trafficking in drugs, the Court of Appeal has laid down guidelines for different types of drugs. Methamphetamine hydrochloride is considered to be a very serious drug. It is tragic that, as Mr Arthur has pointed out in mitigation, that the defendant comes from a very respectable and decent family. So shame has not only been brought on the defendant but also upon his family.
But what is even more tragic is that if this amount of drugs get distributed into Hong Kong, the tragedy it will cause to many, many families is hard to contemplate. Young people are tempted into drugs in different places of entertainment and I am sure that the defendant himself, when he was found in possession of dangerous drugs in 2005, was a teenager himself and had been similarly tempted.
The letters of mitigation written on behalf of the defendant speak of a young man who is admired by the letter-writers. It is unfortunate that the defendant will need to go into prison but, hopefully, his time in prison will not be wasted and he can utilise that time to better himself. The defendant can consider himself lucky in that he has very caring parents, even up to today.
As I said, there are guidelines laid down for methamphetamine hydrochloride trafficking and the case of Ching Kwok Hung has recommended that, for trafficking in between 70 to 300 grammes of "Ice" or methamphetamine hydrochloride, a sentence of between 10 to 14 years’ imprisonment is recommended.
The defendant was found trafficking in 0.15 of a kilogramme, which is 150 grammes of methamphetamine hydrochloride, and I consider that an appropriate starting point is therefore 11 years’ imprisonment.
Because of the matters I have heard this morning and the fact that the defendant has pleaded guilty, I will reduce the sentence by about 40 per cent to 6 years and 6 months.
The defendant goes to prison for 6 years and 6 months.