COURT: Now, defendant, you may sit down and listen carefully to the reasons for sentence.
The defendant pleaded guilty to two counts of trafficking in a dangerous drug. The 1st count involved 1,430 grammes of cocaine. The 2nd count involved 940.01 grammes of cocaine.
At about 6 pm on 25 July 2013, a team of Customs and Excise officers stopped the defendant on the 2nd floor of the Metro Harbour View car park at Fuk Lee Street, Tai Kok Tsui.
The defendant was holding a grey plastic bag. Upon search, three packets containing the cocaine in relation to the 1st count were found inside the bag. The defendant admitted, under caution, that he worked for others for a reward of $1,000 per day.
The officers also found a set of keys from the defendant and used them to enter the premises at Flat A, 12th Floor, Block 1, Metro Harbour View. In the drawer of a cabinet inside a room, the officers found the cocaine set out in the 2nd count. The defendant admitted, under caution, that he sold the cocaine at $11,000 per ounce.
The Customs and Excise Department estimated that the market value of the cocaine was about $3.1 million.
The defendant is 29 years old. He has two previous convictions. He was convicted of trafficking in a dangerous drug in 2008 and was sentenced to a total of about 4.5 years’ imprisonment. He was last released in September 2010.
He is married. His son is now 3 years old. He received secondary education. At the time of the offence, he was unemployed. He is not an addict. In his letter to this court, the defendant expressed great remorse and promised to turn a new leaf.
Mr Oderberg, counsel for the defendant, urged this court to take into consideration the sad childhood of the defendant. His mother surrendered him to the Social Welfare Department because of domestic violence. The defendant spent his childhood in a children’s home at Tseung Kwan O. When he returned to his mother at the age of 16, he was again rejected. His father had no contact with him either.
The defendant was left to support himself. The defendant is married with a son. He returned to trafficking activities because of unemployment and greed.
The defendant gave information to Customs and Excise Department about the people behind him in the trafficking plot. There is no meaningful arrest or discovery after follow up.
The tariff in HKSAR v Abdallah applies in this case. The defendant had an unhappy childhood but that would not constitute a strong mitigation. He had similar previous convictions at the age of 24. He had not learned any lesson at all.
For the 1st count, trafficking in 1,430 grammes of cocaine, the starting point should be 23 years and 3 months’ imprisonment. I deduct 7 years and 9 months for his plea. I sentence the defendant to 15 years and 6 months’ imprisonment.
For the 2nd count, trafficking in 940.01 grammes of cocaine, the starting point should be 21 years and 8 months’ imprisonment. I deduct 7 years and 3 months for his plea. I sentence the defendant to 14 years and 5 months’ imprisonment.
Bearing in mind totality principle, I order 9 months of the sentence of the 2nd count to run consecutive to that of the 1st count. The defendant has to serve a total of 16 years and 3 months’ imprisonment, according to the tariff.
However, for the assistance to the Customs and Excise Department, I deduct 9 months further from the total sentence. The defendant has to serve a total of 15 years and 6 months’ imprisonment.