The dangerous drugs involved is 1,375.1 grammes of a solid containing 1,076.8 grammes of heroin hydrochloride.
The estimated street value of the dangerous drugs amounts to over HK$1.12 million.
On 17 April 2018, police officers spotted the defendant carrying a carton box walking along Castle Peak Road in Kwai Chung. When the defendant arrived at the position underneath a footbridge, he stopped and placed the carton box onto the ground. The police officers intercepted the defendant and subdued him. A body search was conducted on the defendant and the relevant dangerous drugs were found on the defendant.
In the subsequent video-recorded interview, the defendant admitted that he has provided the company address of his friend which is in Tai Po to a person called Ah Fai for delivery of the drugs. The defendant said that his friend had informed him that the goods had arrived at his company the night before he was arrested. The defendant was promised by Ah Fai to have a reward of HK$30,000 if the defendant would successfully deliver the parcel to another person. He collected the parcel and he was instructed by Ah Fai to place the parcel at Tai Wo Hau.
The defendant is 26 years old. He is single. Before the arrest, he was working as a showroom worker. He earned around HK$20,000 per month. He has one previous criminal conviction of robbery in 2012 for which he was sentenced to 4 years’ imprisonment.
Mr Hung, counsel for the defendant, submitted that the defendant committed the present offence for quick money as he wanted to get married with his girlfriend. Mr Hung submitted that the defendant is now very remorseful. The defendant’s parents and sister and the defendant’s fiancée, the defendant’s ex-employer and the pastor of his church wrote letters to this court, asking for leniency for the defendant.
Trafficking in dangerous drug is a very serious offence. A person committing this offence has to inevitably face with a long term of imprisonment. The Court of Appeal has laid down sentencing tariffs for trafficking in different kinds of drugs. For trafficking in heroin hydrochloride, in consideration of sentence, this court should follow the tariff laid down in the case R v Lau Tak Ming and Abdallah. According to the relevant tariff, for trafficking in a quantity of 1,200 grammes to 4,000 grammes of heroin hydrochloride, the proper starting point of sentence should be 23 to 26 years’ imprisonment. Now, for trafficking in a quantity of 600 to 1,200 grammes instead, the proper starting point for sentence should be 20 to 23 years’ imprisonment.
The heavy sentence imposed for this kind of offence is for the purpose of deterrence. Usual mitigating factors like personal circumstances or financial difficulties are not valid mitigating factors.
Now, in the present case, there is an issue before me as to whether an enhancement of sentence should be given for international element. For this issue, I accept the submission of Mr Hung that there is no evidence before me to suggest that the defendant has any knowledge of the origin of the dangerous drugs. I am not prepared to impose any enhancement on the defendant’s sentence.
The only valid mitigating factor in this case is the defendant’s plea of guilty. For this, I will give a full discount of one‑third to the defendant. In the premises, the proper starting point, taking into account the quantity of drugs involved in this case, should be 22 years’ imprisonment and the sentence is reduced to 14 years and 8 months for the defendant’s guilty plea.