CRIMINAL CASE NO. 30 OF 2012
COURT: The defendant pleaded guilty to one count of trafficking in 135.43 grammes of "Ice", a dangerous drug.
At about 5 pm on 20 July, year 2011, Senior Customs Officer 8809 intercepted the defendant who entered Hong Kong at Lok Ma Chau Control Point. An officer searched the defendant and found four packets of "Ice" strapped round his right thigh. Under caution, the defendant admitted that he was going to deliver the "Ice" to Tin Ping Estate. He would be paid $1,500.
The defendant agreed to participate in a controlled delivery operation but no one turned up to collect the drug. The value of the drug was about $97,000.
The defendant is 36. He is divorced. He lived alone in Sham Shui Po area before committing this offence. He has 22 previous convictions, most of them were possession of dangerous drugs. In year 2005, he was imprisoned for a total of 7 years and 4 months for one count of conspiracy to traffic in a dangerous drug and another count of trafficking in a dangerous drug. The defendant received secondary education. He has been taking heroin since 18 years old.
For the 135.43 grammes of "Ice", the starting point should be 11 years and 2 months’ imprisonment, according to Ching Kwok Hung ([1991] 2 HKLR 125). The defendant took the drug into Hong Kong. I add 6 months to reflect this aggravating factor. I deduct 3 years and 11 months for his plea. The defendant assisted the Customs & Excise officers in a controlled delivery operation. I would further deduct 1 year for this, albeit no one was arrested.
Taking into consideration all the above, I sentence the defendant to 6 years and 9 months’ imprisonment.