COURT: The defendant pleaded guilty to one count of trafficking in a dangerous drug in the Magistrates’ Court. He pleaded to unlawfully trafficking in 893.5 grammes of a crystalline solid containing 860.8 grammes of methamphetamine hydrochloride, ‘Ice’, on 26 February 2022. He was committed for sentence on 3 July 2023 and today confirms his plea and agreement to the Summary of Facts.
Facts
On 26 February 2022, police officers were searching premises, Room 704, Cheung King House, Cheung Wah Estate, in Fanling, New Territories, and found the defendant in one of the bedrooms. When he retrieved his Hong Kong Identity Card from a rucksack as requested, the police spotted a pile of transparent resealable plastic bags. They then decided to search that rucksack and found the drugs of the charge inside it. They also found an electronic scale and an electronic heat sealing machine.
He was arrested, cautioned and admitted possession of all the ‘Ice’ found inside the rucksack.
In a subsequent video-recorded interview, he elaborated further. He was in the premises rented by a friend temporarily, two to three days prior to his arrest. Whilst staying there, he had collected the rucksack containing the ‘Ice’ from someone he identified as his boss or employer. He had been introduced to this man, ‘AK’, because he was short of money. He would be paid to deliver drugs from A to B.
When he was arrested with the rucksack, he had been waiting for instructions as to where to deliver it. He admits that the total street value of the ‘Ice’ seized was estimated to be $477,129.
Mitigation
The defendant is now 46 years old and when arrested was living with his mother and his son who was 19 at the time and a vocational training centre student. He and his son have had no contact with his ex-wife, the mother of his child, for many years. He was financially responsible for his mother and the child.
I have read letters from the defendant, his son, as well as his mother. They are heartfelt letters. I am sure his remorse is genuine.
The defendant is not a man with a clear record. He has four previous convictions. His only drug-related conviction was possession of dangerous drugs in 2007. I also have a letter from Father Wotherspoon spelling out the defendant’s contribution to his anti-drug campaign by writing several letters that Father Wotherspoon describes as simple but powerful. His letters describe how he became involved in drug trafficking and the detrimental devastating effect it has had on his family.
At the time of his arrest, he had been unemployed for a while and financially strapped. He had been in the construction industry but due to the pandemic had been unable to find any long term employment. He could not even pay the rent for his family and out of desperation agreed to courier drugs for a financial reward.
Ms Wu has said all she can say on behalf of the defendant in mitigation. His best mitigation is his plea of guilty at the earliest opportunity. I am urged to treat him as a courier.
Sentencing
It is well established that trafficking in a dangerous drug is a very serious offence. I have considered the approach to sentencing those that traffic in dangerous drugs as set out in Herry Jane Yusuph [2021] 1 HKLRD 290 that was very recently discussed and reiterated by the Court of Appeal in HKSAR v Lee Ming Ho [2024] HKCA 150.
In the approach to sentencing, six steps have been identified which the court should take, such as assessing the gravity of the offence and applicable guidelines, identifying the defendant’s role, where within the guideline the defendant should lie, any aggravating factors, any mitigating factors, and lastly passing a sentence which is fair, just, and balanced in all the circumstances of the offence and the defendant.
The first step is to assess the gravity of the offence and identify the applicable guideline according to the drug seized. The tariff for the drug ‘Ice’ is found in the authority of HKSAR v Tam Yi Chun [2014] 3 HKLRD 691 and the starting point for trafficking between 600 to 1,200 grammes of ‘Ice’ is 20 to 23 years’ imprisonment after trial. Therefore, trafficking in 860.8 grammes of ‘Ice’ in this case would mathematically attract a starting point of 21 years and 4 months’ imprisonment.
The second step of the six steps is to assess the defendant’s role and culpability based upon the evidence. When arrested, the defendant admitted he had collected drugs to be delivered onwards as instructed. He was a drug courier.
Therefore, going on to take into account the third step, his sentence is to be determined by the relevant tariffs and the quantity of dangerous drugs involved. That would be a starting point of 21 years and 4 months’ imprisonment.
The fourth and fifth step requires me to consider whether there are any aggravating factors or any exceptional mitigating factors. I do not find any aggravating factors. His best mitigating factor is his plea of guilty.
As he pleaded guilty at the earliest opportunity, the defendant is entitled to one-third discount from that starting point. Therefore, that starting point of 21 years and 4 months is reduced to 14 years and 2 months after that discount is applied.
The last step to take is to stand back and look at the overall sentence in order to ensure that it is a fair, just, and balanced sentence in all the circumstances of not only the offence but also the defendant.
Here, I see no issue with it nor any reason to reduce it any further except to take into account the defendant’s contribution to Father Wotherspoon’s anti-drug campaign. I will exercise my discretion and reduce the sentence by a further 2 months.
Accordingly, the defendant is sentenced to 14 years’ imprisonment.