COURT: The defendant has pleaded guilty in the lower court to two counts of trafficking in a dangerous drug. In relation to the 1st count, the amount of drugs is 88.7 grammes of a mixture containing 70.6 grammes of heroin hydrochloride. And in the 2nd count, the drugs were namely 50 pellets containing 11.7 grammes of a mixture containing 9.55 grammes of heroin hydrochloride.
The facts are not complicated. On 29 December 2022, the defendant was seen by police officers in the corridor outside his flat. Upon a search of him, the drugs, which is the subject matter of the charge, Charge 1, were found on him. And upon arrest and under caution, the defendant stated that someone called Ah Ming gave it to him, and he was supposed to pass it on to others.
Also found on the defendant were keys to the premises, the flat, and using those keys, the police entered the flat and found on a table next to the bed the drugs which is the subject matter of this 2nd charge. There was also a box containing $45,000 together with some resealable plastic bags and amongst other things were two digital scales. He was thus arrested, and under caution, he claimed that those were also given to him by Ah Ming.
In a video-recorded interview, he confirmed that the drugs found in his possession outside his flat were for distributing to others, and he would be paid about HK$1,000 as reward. He also admitted that the tools found, the paraphernalia found in his flat, namely, the spoon, the two lighters and the digital scales, were used when he was packaging the drugs for sale. He also said that he had a habit of consuming heroin.
Now, it is admitted that the total street value of the amount of drugs found both in the flat and on the defendant would be around HK$93,000.
The defendant is aged about 50 and he has a poor record. He has some 21 previous convictions, five for possession of dangerous drugs and three for trafficking in dangerous drugs. His last trafficking conviction was in 2015 where he was convicted of two counts of trafficking and sent to prison for 6 years and 4 months.
Now, the defendant, I am informed by Ms Kong, is divorced and emigrated to Hong Kong in 2001. He used to work in a factory and on a construction site but due to frustrations in life, he began to take heroin and became a drug addict.
The only mitigation for the defendant in this case is the fact that he has pleaded guilty. Because of this early plea, he is therefore entitled to one-third discount. As Ms Kong has worked out, the total number of drugs seized that day both on the defendant’s person and in his flat amounted to 80.15 grammes of heroin. And given his plea, he is entitled to one-third discount. So it would merit a total sentence of 5 years and 10 months’ imprisonment.
As I said, the defendant’s criminal record is not a good one and I was considering whether the starting-point sentence should be increased because this is his third conviction for trafficking. And he was more than just a mere courier. He was packaging in the drugs. However, I have decided against it because the defendant is a drug addict and possibly he may also take what he has for his own consumption.
So I agree with Ms Kong the starting point, I mean the sentence in total should be 5 years 10 months. So I will sentence the defendant in this way that on the 1st count, the defendant is sentenced to 5 years 10 months. On the 2nd count, he is sentenced to 3 years concurrent to the sentence in the 1st count. So he goes to prison for 5 years and 10 months.