COURT: The defendant had pleaded guilty in the Magistrate’s Court to one count of conspiracy to traffic in a dangerous drug. And the particulars of the offence charges him that between 1 August 2020 and 7 September 2020, he conspired with others unknown to unlawfully traffic in dangerous drugs.
Now, the facts relating to this offence was that on the evening of 7 September, the police officers on anti-narcotics operation saw the defendant at the rear passenger seat of the taxi. The police intercepted the taxi and upon a search discovered inside a black handbag the defendant was holding the drugs which is the 23 plastic bags containing 3.35 grammes of a solid containing 3.05 grammes of cocaine, 5 plastic bags containing 68.8 grammes of a crystalline solid containing 68.4 grammes of methamphetamine hydrochloride, 8 plastic bags containing 13 grammes of a crystalline solid containing 12.9 grammes of ‘Ice’, and 14 plastic bags containing a total of 13.5 grammes of a solid containing 11.7 grammes of ketamine.
Initially, under caution, he claimed that those drugs were for his own consumption. But subsequently, in a video-recorded interview, he gave details about this person called “Sai Fei” who he helped to deliver dangerous drugs. And he also gave details about the drug trafficking activities on 7 September in another video-recorded interview. He also indicated in his phone the messages from Sai Fei telling him about the cost of the drugs. So this resulted in the charge of conspiracy to traffic in dangerous drugs laid against the defendant.
The Defendant’s Background
He is aged 19. I am told that he lives with his mother prior to the offence and she was a single parent as his father had passed away when he was very young. He was thus sent to a hostel to finish his primary schooling. He thrived in primary school and in fact had obtained certificates of merit during his time there.
After primary school, the defendant was then sent to the Hong Kong Sea School and he was a boarder from Monday to Friday. He also seemed to have thrived in the Sea School and he enjoyed his time there. And he had also received a very good report from the Hong Kong Sea School.
Unfortunately, when COVID hit Hong Kong in 2019, the school was closed and he was staying at home and his mother who had to work could not spend time with him. And due to his loneliness, he became acquainted with some bad characters. And particularly, this person called Sai Fei who then inducted him into the drug trade.
In mitigation, his mother sent a letter to the court and revealed that the defendant had ADHD. However, he excelled in most of the sports he was participating in. I have also, this morning, received a letter from the defendant himself. It is a very well-written letter, recognising his mistake and that he will put all his energy to make a better tomorrow and reflect on what he has done and the harm he had done to Hong Kong society by indulging in drug trafficking.
Ms See submitted to the court that the case of HKSAR v Tsang Ka Wing [2017] 5 HKLRD 799, where the Court of Appeal was handling a conspiracy to traffic in dangerous drugs case. And in the headnote, one, the Court of Appeal said this:
“...where a conspiracy to traffic in an unspecified quantity of dangerous drugs was concerned, the sentencing court must do its best to arrive at a starting point based on inferences and assumptions properly derived from the particular facts of the case. Unless clear-cut, such inferences and assumptions would inevitably lean in favour of the defence.”
Now, the facts of that case is more serious that the present. The applicant in that case was 31 years old. When she was arrested, she had keys on her to a flat. And upon entry, police officers found, apart from drugs, an electronic scale, three piles of resealable plastic bags. And so obviously she was using the flat that she was in for packaging.
In this case, the defendant was only found with the drugs on him in the taxi. So obviously he was telling the truth about being manipulated by that person called Sai Fei, who told him the price of the drugs and how to traffic in them.
The fact of the matter is that without his confession, the charge of conspiracy to traffic would not have stood against him. The fact that he admitted to his involvement in trafficking on other occasions really is an indication of the deep remorse he felt at the time after his arrest. And therefore, it makes the letter he wrote to the court credible and also reflect that he is keen to better himself.
It is, in most cases of drug trafficking, a standard sentence reflecting the quantity of drugs. But on a rare occasion, which I consider that this is, that the court can consider the overall facts of the case and tamper justice with mercy. I therefore consider that based on the drugs that the defendant was found with, which is a mixture of drugs, that the largest quantity is ‘Ice’, which is 81.3 grammes of methamphetamine hydrochloride. And therefore, it gives us a starting point of about 11½ years’ imprisonment after trial.
I also, as I have said, have to take into account the fact that without his admission, the conspiracy charge could not stand. So bearing in mind the exceptional nature of this case, I have determined that overall, considering that this is a first offence that the defendant has committed, considering his plea of guilty at the earliest opportunity, considering his full confession to the police upon arrest, I will adopt a starting point of 12 years’ imprisonment.
And giving the defendant the full one-third discount reduces the sentence to 8 years’ imprisonment.
Now, I wish to make clear that this cannot be used for other cases because the sentence I have given is determined on the particular facts of this case.
In my view, it is an exceptional case and that is why I am considering that this is a proper sentence. And I hope that the defendant will make good use of his time in prison to better himself and in the future he can help his mother who has worked and toiled on his behalf.