CRIMINAL CASE NO. 112 OF 2010
COURT: I have to sentence you for trafficking in dangerous drugs. You were caught carrying both ICE and cocaine. You had 23 grammes of ICE and 16 grammes of cocaine.
You will know perfectly well that sentencing for drug trafficking in Hong Kong is based upon guidelines and those guidelines are based upon the nature and quantity of the drug in question.
In your case, if this had all been cocaine you would have been in the category that starts at 10 grammes runs to 50 grammes attracting starting points after trial of 5 to 8 years. Mathematically that would have put the starting point at something in excess of 6½ years.
If it had all been ICE you would have fallen in the 10 to 70 gramme bracket attracting a starting point after trial of 7 to 10 years’ imprisonment and the starting point would have been in the region of 7½ years. You had more ICE than cocaine. If matters had stood there I would have taken a starting point of 7 years.
However, it is the fact that you have previous convictions for trafficking in dangerous drugs, having been sentenced in this, the High Court, in 2005 to 6 years’ imprisonment. That is obviously an aggravation.
I know you have paid once for that crime but repetition makes this case the graver and the sentence is bound to be enhanced but I shall enhance it only very modestly in the circumstances, bearing in mind that you were co-operative and pleaded guilty in the magistrate’s court. You know you will earn a third discount for your plea.
That third is the same for men who, like you, plead guilty right at the outset and those who wait until a jury panel is waiting and plead guilty at the door of the court.
So bearing in mind all of the circumstances of your case, I shall take a starting point of 7½ years’ imprisonment. After discount the sentence I pass upon you now is one of 5 years.