CRIMINAL CASE NO. 247 OF 2010
COURT: The defendant pleads guilty to one count of trafficking in a dangerous drug, namely, cocaine. There were 228.67 grammes of cocaine and 1,142.16 grammes of cocaine hydrochloride.
In the afternoon on 13 March 2010, a team of police officers were conducting an operation at the vicinity of Small Traders New Village, Yuen Long. At about 5 pm, the defendant was observed arriving by car. He then entered No. A5 Village House. A few minutes later, the defendant came out from the house. A police officer intercepted him. Upon search, 63 plastic bags of cocaine and another plastic bag of cocaine hydrochloride were found inside the shoulder bag of the defendant.
Later, using a key found from the defendant, the police team entered the village house. They further found 60 plastic bags containing cocaine and cocaine hydrochloride. In the loft and the kitchen, police officers found various items with traces of cocaine. These items include:
a metal spoon;
a pair of chopsticks;
a plastic bowl;
a pair of scissors;
two electronic scales;
a stove;
a metal container; and
two filters from air-conditioners.
There were also 12 paper boxes. Each contained about 180 grammes of sodium bicarbonate.
There were 228.67 grammes of cocaine and 1,142.16 grammes of cocaine hydrochloride. The total street value was about $1.55 million.
In a subsequent video interview, the defendant admitted that he delivered the cocaine for an unknown male whom he met in a bar in Shenzhen in November 2009. He rented the village house in December 2009 for this plot. The cocaine was manufactured by someone else. He just packed the cocaine into small packets. He wanted to earn quick money. He would receive $1,000 as a reward.
The defendant is 26 years old. He has a clear record. He received education up to Form 3. He had worked as an electrician, kitchen apprentice, transportation worker and construction site worker. He was out of a job for the time being at the time of the offence. He is a widower with a son 2½ years old. The defendant’s wife passed away in May 2009 because of cancer. The defendant claimed that he needed money to pay the funeral expenses. He did not know how to apply for CSSA or other assistance. He is not an addict.
There were two kinds of drugs seized: cocaine and cocaine hydrochloride. For the purposes of sentencing, I shall add their weight together.
Trafficking in dangerous drugs is a serious offence which warrants a deterrent sentence. For trafficking in cocaine, the sentencing tariff set out in HKSAR v Abdallah [2009] 2HKLRD 437 is applicable. For 1,370.83 grammes of cocaine, the starting point should be 23 to 26 years’ imprisonment. Given the amount of cocaine in this case, the starting point should be 23 years and 2 months' imprisonment.
The defendant is entitled to a reduction of 7 years and 9 months' imprisonment for his plea. I have considered his background and the circumstances of the offence. While I have pity on him for the loss of his wife, however, what he told me about his need for money to pay for the funeral expenses sounds more an excuse than a genuine reason. As a matter of fact, personal circumstances and clear record are not strong mitigating factors, given the serious nature of this offence. There is no reason for further reduction.
I sentence the defendant to 15 years and 5 months' imprisonment.