COURT: The defendant pleaded guilty to one count of trafficking in a dangerous drug in the Magistrates Court, namely 900 grammes of a solid containing 819 grammes of cocaine and has been committed to this court for sentence.
The facts reveal that on 14 June last year, at around 7.43 pm, police officers saw a private car stopped at the road side in Hoi Fai Road, in Tai Kok Tsui. The car was driven by someone surnamed Yip and seated next to the driver was the defendant. The defendant alighted from the vehicle and walked into a lane carrying a paper bag. Police officers intercepted the defendant and inside the paper bag was found the dangerous drug which is the subject matter of the charge.
The defendant subsequently, in a video-recorded interview, said that Yip was requested to drive the car to the location and the defendant alighted from Yip’s car without telling Yip what he was doing.
The dangerous drug in this case has an estimated retail value of HK$1,056,600.
The defendant is aged 26 and he has three drug-related offences. The first two, in 2009 and 2010, were for possession of dangerous drugs and possession of instrument fit for unlawful purpose. He was sent to a drug addiction treatment centre. In 2013, he was sentenced to 42 months’ imprisonment for trafficking in a dangerous drug in a District Court case.
The defendant, according to Ms Lai, had worked at various jobs and his last job prior to his arrest this time was as a construction site worker earning about $18,000 a month. The defendant claimed that he committed this present offence because he wanted to earn money to pay for his grandmother’s hospitalisation.
Whatever the reason for the commission of this offence, it is clear that the defendant, with his previous experience in the criminal court, know, prior to this offence, about the serious nature of drug trafficking and the view of the courts in sentencing for such an evil offence. I certainly hope that the defendant will turn over a new leaf because if he does not do so, his future would appear to be bleak.
It is sad particularly for the defendant’s family and it is also sad that society actually is fighting a losing battle in this battle against the evil trade of dangerous drugs. Many families have been affected by the drugs that have been dispensed throughout society and therefore it is inevitable that those who have been arrested for participating in this evil trade will have to face the serious consequences.
I certainly hope that the defendant does and will turn over a new leaf and that his regret and remorse is genuine. I am, of course, also heartened by the fact that Ms Lai said the defendant has volunteered in the organ donation programme and is also donating his savings and half his salary to drug rehabilitation.
As Ms Lai correctly pointed out, the sentencing guidelines have been laid down in the case of Abdallah in which the Court of Appeal has suggested that for trafficking in 600 to 1,200 grammes, the suggested starting point sentence would be in the region of 20 to 23 years.
Having taken into account the facts in this case, the background and all relevant matters, I would adopt a starting point of 21 years, and giving the defendant the full credit for his plea at the earliest opportunity, discount it by one-third.
So the defendant will go prison for 14 years.