COURT: The defendant has pleaded guilty to two counts of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance.
On 13 April 2022, the defendant was intercepted by Customs officers near the entrance of a building in Tsuen Wan. Upon checking, 23 packets containing 280 grammes of cocaine were found.
With keys found on the defendant, Customs officers gained entry into a room on the 2nd floor of the said building. Inside the room, a further 55.7 grammes of cocaine and 410.48 grammes of methamphetamine were also found. In addition to the drug, various drug paraphernalia were also seized.
The street value was estimated to be over HK$800,000.
The defendant is now 21, educated up to Form 2 level and has a clear record. Prior to his arrest, he worked as a truck driver. He made 15 to $18,000 a month.
Mitigation letters from the defendant and his parents and sisters have been produced to this court. In essence, they ask for leniency from this court. I understand the wish and the sadness from your parents. It is very sad for me to see a teenager at the time to be arrested for such a serious offence.
I do not know whether you understand, whether you know, why you were arrested on that day. Obviously, our Customs and Excise Department inevitably received intelligence from some people, so who were selling you out?
As I say, I understand your parent’s wish. However, I am bound by the guidelines set down by the Court of Appeal. Given the facts of this case, the drugs seized from the defendant and from the room on that day, in my view, could be treated as one and would be sentenced on that basis.
Counsel from both sides have kindly agreed that the starting point for trafficking in 335.7 grammes of cocaine and 410.48 grammes of methamphetamine under various tests would attract an imprisonment term between 20 years 3 months and 20 years 8 months.
Although various drug paraphernalia were found, the defendant however denied his involvement in weighing and packaging those drugs. As there is no evidence pointing to any contrary conclusions, I am in the position to accept that. Well, this is the only thing I can do in answering your parent’s wish. As such, the defendant will be sentenced on the basis of a courier.
The defendant of course is entitled to a one-third discount for his plea at the earliest opportunity. For the two offences the defendant stands convicted, he is therefore sentenced to 162 months imprisonment, ie 13 years and 6 months’ imprisonment, concurrently on the two charges.