COURT: The defendant pleaded guilty to one count of trafficking in 26.68 grammes of "Ice".
At about 7.48 pm on 28 May 2013, a team of police officers spotted the defendant wandering outside the building at No 20-22 Luen Yan Street, Tsuen Wan. The defendant was talking on his mobile phone. He was stopped and searched while entering the building. A packet of "Ice" wrapped in a piece of tissue and Sellotape was found inside his right front trousers pocket.
The defendant admitted under caution that he bought the "Ice" at $4,000 about two days ago for his own consumption. He went to the building to look for a friend. He did not know the phone number or the address of his friend. The value of the "Ice" found was about $20,000. He claimed through his counsel, Mr Collins, in court that about half of the drug was for his own consumption.
The defendant is 39. He was born in Mainland China and migrated to Hong Kong in 1982. He is married but separated. He has one daughter aged 12. He was convicted of possession of dangerous drugs in 2011 and sentenced to Drug Addiction Treatment Centre. He was last discharged on 27 March 2012. He studied up to form 1 level. He was a motor vehicle technician before this offence, earning about $9,000 per month. He claimed to have private vehicle repairing jobs making an aggregate income of about $20,000 per month. He was an addict at the time of the offence.
Mr Collins urged this court to accept that about 50 per cent of the "Ice" was for the defendant’s own consumption. Mr Collins pointed out that the quantity was not large. There was only one packet. The defendant admitted self-consumption at the scene. He had sufficient income and there was no packaging paraphernalia found at the defendant’s home.
Mr Cheng, for the prosecution, drew my attention to the suspicious circumstances of the arrest. The "Ice" was tightly bound with Sellotape and there was no consumption paraphernalia at the defendant’s home either.
For trafficking in 26.68 grammes of "Ice", the starting point should be 7 years and 10 months’ imprisonment, according to Ching Kwok Hung ([1991] 2 HKLR 125). I accept that there could be a portion of the "Ice" for the defendant’s self-consumption but it would not be as much as 50 per cent.
I have considered the authorities submitted(CACC135/2011, CACC294/2009 [2002] 1 HKLRD 69) and the circumstances of this case. I assess that a further 10 per cent reduction of the basic starting point is warranted. The adjusted starting point should be 7 years’ imprisonment. I deduct 2 years and 4 months for his plea.
I sentence the defendant to 4 years and 8 months’ imprisonment.