The defendant is convicted after trial of one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.
The subject matter of the charge is a quantity of methamphetamine hydrochloride, commonly known as ‘Ice’, which, there is no dispute, was found in a secret compartment of a suitcase carried by the defendant on 26 February 2019 when he was intercepted by the Customs at the Customs Arrival Hall of Hong Kong International Airport. That happened shortly after he had arrived the territories from Laos.
The total quantity of the dangerous drug was 1.97 kilogrammes of a crystalline solid containing 1.92 kilogrammes of ‘Ice’, and its value, if sold at street level in Hong Kong at the time, would be over HK$1 million.
By their verdict, the jury is sure that the defendant knowingly imported the ‘Ice’ into Hong Kong. The evidence shows that the defendant’s role was that of a courier.
The Defendant’s Antecedent
The defendant is now aged 28 and is a Malaysian. He obtained a degree in industrial management from the University of Selangor. After that, he had been through several jobs before working for the RHB Bank as a teller. According to the defendant, his father is a retired police officer and he has three sisters. His family members are all living in Malaysia.
The defendant has a clear record in Hong Kong. There is also the statement of DW2(D9) who was a lecturer of the defendant at the university. DW2 spoke kindly of the defendant as to his good character.
Sentence
I note that the maximum sentence for trafficking on indictment is life imprisonment. The Court of Appeal has said that the starting point for the offence of trafficking is to be determined primarily by the quantity of the dangerous drug concerned, that a mathematical starting point should not be departed with without good reasons and that an accused was a courier is not a sufficient reason for departing from the mathematical starting point (see HKSAR v Leung Kwai Ping and Another (No. 2) and HKSAR v Kilima Abubakar Abbas).
In HKSAR v Tam Yi Chun, as regards trafficking in ‘Ice’ of 600 grammes and above, the Court of Appeal referred to the same sentencing tariffs as were described in HKSAR v Abdallah for those quantities of heroin. Thus for trafficking in between 1,200 grammes and 4,000 grammes of ‘Ice’, the tariff is between 23 to 26 years. Therefore, the mathematical starting point for trafficking in 1.92 kilogrammes of ‘Ice’ applicable to a courier is 23 years and 9 months’ imprisonment.
In the present case, there is the aggravating factor of the presence of an international element in that the defendant imported the ‘Ice’ from Laos to Hong Kong. According to the broad guidance given by the Court of Appeal in HKSAR v Chung Ping Kun, for the presence of the international element, an offence for trafficking in over 1,000 grammes of cocaine should be enhanced by not less than 2 years. I realize that the above guidance is not a straitjacket, and in my assessment, the enhancement for the international element in the present case should be 2 years.
Mr McNamara has said all that can be said for the defendant in mitigation, including the defendant’s good family background, his previous good character, and the defendant’s participation in Father John Wotherspoon’s campaign.
In cases of trafficking, especially a serious one like the present one involving a large quantity of dangerous drug and an international element, the major sentencing considerations are deterrent and punishment. The relevance of a defendant’s good character simply pales away for sentencing purpose.
Mr Boyton informs the court that the information provided by the defendant against “Jacky”, who was the defendant’s recruiter, was not useful. As such, apart from the 3-month deduction for the defendant’s participation in Father John’s campaign as set out in the majority judgment of the Court of Appeal in HKSAR v Kilima Abubakar Abbas, I can see no valid ground for further reducing the defendant’s sentence.
Therefore, the defendant is sentenced to an imprisonment term of 25 years and 6 months.