COURT: The defendant was charged with one count of trafficking in dangerous drugs. The count avers that on 23 September 2022, the defendant unlawfully trafficked in 81.6 grammes of a crystalline solid containing 77.8 grammes of methamphetamine hydrochloride, commonly known as “Ice”, outside 132 Sai Yeung Choi Street South, Mong Kok, Kowloon, in Hong Kong.
He pleaded guilty at the Magistrates’ Court in July this year and was committed for sentence before this court. He appears before me today for that purpose.
The facts giving rise to the offence are briefly these. In the morning of 23 September 2022, the defendant was seen acting furtively by a team of police officers on patrol in Mong Kok. One of the officers intercepted the defendant outside 132 Sai Yeung Choi Street South. Upon search of the black shoulder bag carried by the defendant, three plastic bags containing suspected dangerous drugs were found.
At this juncture, the defendant suddenly pushed away the officer, threw the shoulder bag on the ground and ran away. The officer gave chase. The defendant hopped on a random taxi and tried to hide in the back passenger seat among two passengers who were already on board the taxi. With the assistance of his police colleagues, the officer managed to get hold of the defendant and apprehended him in the taxi. The defendant tried to throw away his mobile phone, but it was immediately seized by the officer.
While the police were chasing after the defendant, a passer-by, a Madam Leung, picked up the shoulder bag discarded by the defendant. She soon returned it to Mong Kok Police Station. The drugs were still inside the shoulder bag, which were later confirmed to be a plastic bag containing seven plastic bags containing 34.4 grammes of a crystalline solid containing 33.2 grammes of methamphetamine hydrochloride; a plastic bag containing two plastic bags containing 27.1 grammes of a crystalline solid containing 25.9 grammes of methamphetamine hydrochloride; a plastic bag containing 12 plastic bags containing 20.1 grammes of a crystalline solid containing 18.7 grammes of methamphetamine hydrochloride.
The total quantity of narcotics seized was thus 77.8 grammes of “Ice”. Apart from the drugs, the police also found a mobile phone inside the shoulder bag.
Under caution at the scene, the defendant remained silent. In a subsequent video-recorded interview, he admitted ownership of the shoulder bag, as well as the dangerous drugs and the mobile phone found inside. He claimed that the drugs seized were for his own consumption, which claim he now abandons through mitigation. He said he had purchased the drugs from a friend named Ah Yeung for HK$25,000 at the Mong Kok MTR station.
On subsequent forensic examination, the defendant’s fingerprint was found on one of the plastic bags containing “Ice”.
The estimated street value of the drugs seized was $52,061.
By his plea of guilty, the defendant now admits that he was in possession of all of the “Ice” seized in the shoulder bag for the purpose of unlawful trafficking.
The defendant’s background
The defendant was 24 years old at the time of the offence and is now 27. He was born in Hong Kong and received education up to Secondary 3 level. He is single.
Before his arrest, the defendant used to work as a casual worker in the construction industry earning around $20,000 a month. It is said that he paid half of his salary to his father as contribution to the family. He lived with his father, an elder brother and two younger sisters. His mother passed away in 2018.
The defendant has a total of nine previous convictions. Four of those convictions are drug related, with three being the very offence of trafficking in dangerous drugs. He was convicted for trafficking in 2013 and 2020, and recently in 2023. For the trafficking conviction in 2020, he was sentenced on 24 September 2020 to 26 months of imprisonment and, I am told, he was released from prison in early 2022. Thus, he committed the present offence just months after that previous conviction for the same trafficking offence in 2020. His last record is also for trafficking in dangerous drugs for which he was sentenced on 18 April 2023 to 5 months’ imprisonment. I am told that that was for trafficking in herbal cannabis and that offence was committed in August 2022.
Mitigation
Counsel for the defendant, Mr Wong, urges me to consider the defendant’s timely plea as indication of his genuine remorse. As to the defendant’s role and culpability, it is said that there is nothing to suggest that the defendant was more than a mere courier.
I am told that during his remand, the defendant has been participating in gatherings by the Victory Church of Evangelical Free Church of China. It is said that the defendant has since found support and a sense of belonging in engaging in these church gatherings during his remand, and that he has since reflected on his life and regretted the squandering of his youth. He wishes to be given the chance to turn over a new leaf and return to his family, which he said he deeply missed.
Sentencing considerations
The six-step approach concerning sentencing of drug trafficking offences has been set out in HKSAR v Herry Jane Yusuph reported [2021] 1 HKLRD 290, as complemented by HKSAR v Lee Ming Ho, [2024] HKCA 150.
The drug here is “Ice” and the quantity involved is 77.8 grammes in total. The tariffs that is applicable to trafficking in “Ice” are set out in HKSAR v Tam Yi Chun [2014] 3 HKLRD 691. For a quantity of between 70 and 300 grammes of “Ice”, a starting point of between 11 and 15 years’ imprisonment is warranted.
As regards the defendant’s role and culpability, I am prepared to accept Mr Wong’s submission that there is nothing to suggest that the defendant was more than a mere courier. In his video-recorded interview, the defendant asserted that he had purchased the drugs from one Ah Yeung for $25,000 for his own consumption, which claim he has now abandoned. That said, there is no suggestion that the defendant was a direct trafficker or that he was intending to sell the dangerous drugs to others for monetary gain. For that reason, I will not enhance his sentence regarding his culpability in this case.
However, the defendant is a repeat offender. He has three previous convictions for trafficking in dangerous drugs. As mentioned, the defendant committed the present offence shortly after he had been released from prison for the trafficking conviction in 2020. It shows that the defendant failed to learn his lesson. For this aggravating factor, I will enhance the sentence by 2 months.
The only real mitigating factor that is present is the defendant’s timely plea. For that, I am prepared to give him the full one-third discount.
The final sentence I would impose on the defendant is as follows. For the amount of 77.8 grammes of “Ice”, on a strict arithmetical calculation, the starting point is 133 months, that is 11 years and 1 month. After adding the 2 months for the aggravating factor that the defendant is a repeat offender, the sentence would be 11 years and 3 months. Giving the defendant the full one-third discount for his timely plea, the sentence will be reduced to 90 months, that is 7 years and 6 months.
I consider this term of 7 years and 6 months’ imprisonment as fair, just and balanced in the circumstances of both the offence and the offender.
Hence, the defendant is sentenced to an overall term of 7 years and 6 months’ imprisonment. That is the sentence I impose on you, the defendant.