COURT: Mr Leung, you had pleaded guilty at the committal stage to two counts of trafficking in a dangerous drug. The 1st charge charged you on 17 August 2022, outside a residential block, you trafficked 47.5 grammes of a solid containing 38.8 grammes of cocaine. 2nd charge charged you on 18 August 2022 at a particular unit, you trafficked 4.1 grammes of a solid containing 3.5 grammes of cocaine.
The facts you have admitted are as follows: On 17 August 2022 at about 10.14 in the evening, police officers saw you outside lower block Shek Kuk House, Shek Wai Kok Estate, you put your hands in your pocket and was looking around. Police went up to you to search you, but before that you tried to run but was subdued.
Upon search, two plastic bags of drugs particularised in the 1st charge was found. You had a key on you and being questioned, you said that because you feared that you will be caught by police that is why you tried to run away. You also claimed that the cocaine found on you was for your self-consumption.
In the early hours of the next day, police used your key found on you and gained access to Room 2122. In the unit, drugs particularised in the 2nd charge were found together with paraphernalia such as electronic scales, plastic bags.
You were further cautioned at the scene, you said that someone had instructed you to divide the cocaine into smaller packets and you will receive HK$2,000 to HK$3,000 reward. Subsequently, in recorded interview, you elaborated to the effect that a friend called “Tony” whom you acquainted with through online games recruited you for trafficking in dangerous drugs.
He asked you to deliver the cocaine by dividing them up and repacking them and when you were arrested on this occasion, you were just on your way back to the flat after collecting the cocaine from an unknown person.
The estimated street value of the cocaine was between HK$44,000-odd to HK$83,000-odd for powder to crack cocaine.
You now admitted that you were in possession of cocaine found on you and found in the flat for the purpose of unlawful trafficking.
You are a man of purest good character. You are now 25 years of age. Your mother had written a very touching letter on your behalf, blaming herself for not taking good care of you. Also, I am aware that you came from a broken family, you must have gone through a very unhappy upbringing.
I also read from the letters that you had changed quite a lot since your remand in prison. In particular, I had read a letter from Mr Wong who paid visits to you from time to time while you were in prison, guiding you with Christianity.
The court has said on many occasions for such serious offence, personal background, even clear record does not mean much credit can be given. But I will take those matters which I have just outlined into consideration. Although not to a great extent as I am bounded by what the Court of Appeal has said in this sort of case, in particular, drugs.
The only meaningful mitigating factor is your early plea. I am further guided by the Court of Appeal in the case of Wan Lau Mei that in these sort of circumstances, the court should look at the totality of narcotics seized and come to a just sentence for that total quantity and impose sentences for both charges taking into consideration the total narcotics into account and make them one concurrently.
The total quantity of narcotics in this case is 42.3 grammes. According to the tariff, 42.3 grammes of narcotics fall within the bracket of 5 to 8 years’ imprisonment after trial. I have to decide within that bracket, 5 to 8 years, what should be the right or appropriate starting point. Purely on an arithmetic calculation, for 42.3 grammes of cocaine, we are looking at an initial starting point of 7 years and 5 months.
I then have to consider your culpability, you are not just a courier or a storekeeper because you were also involved in breaking up the drugs that you had obtained and repacked them into smaller packets for distribution, and there were paraphernalia at your residence for that purpose. Despite that, I will still treat you at the lower end of the scale of culpability within that bracket.
Having taken those into consideration, an initial starting point will be around 7 years and 5 months which is the same as the prosecution’s calculation for that total quantity of cocaine, which is also accepted by your counsel this morning, that should be the right calculation.
You are still young, still a long way ahead of you. Although the court has said on occasion, many many occasions, youth is not a mitigating factor in drug trade as it will send a wrong message if leniency is given to young people.
As I said, you had a clear record, although not much discount can be given for that but I found your mother who is still supporting you has written a very touching letter on your behalf. I am prepared to tamper justice with mercy and reduce my initial starting point of 7 years and 5 months to one of 7 years and 3 months.
You have no other mitigating factors except your timely plea. I give you a full discount of one-third for your courage in accepting your wrongdoings at the first available opportunity.
So the sentence I pass on you is one of 4 years and 10 months for each charge and the sentence to run concurrently. So the total sentence would be one of 4 years and 10 months.
You had been in custody for some time Mr Leung, so I suspect you have a little bit more than a year to go in prison. By the time you are released, you are still very young. I hope you can treasure this opportunity, in particular, treasure the support from your mother and really turn over a new leaf.