COURT: The defendant has pleaded guilty to two counts of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance. He is committed to this court for sentence.
In the afternoon of 3 December 2022. The defendant was intercepted by police officers outside a building at Yiu Tung Street. Inside the rear pocket of his pants, police officers found 8.44 grammes of heroin hydrochloride.
Upon a further search of the defendant’s residence, police officers found another 544.6 grammes of heroin hydrochloride and other drug paraphernalia. Under caution, the defendant admitted that he was delivering heroin to someone else at Tung Chau Street.
The street value of all the heroin seized was estimated to be just under HK$700,000.
The defendant is 46, educated up to Form 1 level, and he was unemployed prior to his arrest. The defendant has 18 criminal records, none relating to the trafficking of dangerous drugs. Due to financial restraint, he decided to engage in the drug trade.
Guidelines for sentencing are clear. The starting point for trafficking in 8.44 grammes of heroin will be one of 4 years and 6 months. Given the defendant’s earliest plea, a full one-third discount will be accorded to the defendant. As such, the sentence will be reduced to one of 3 years’ imprisonment.
The starting point for trafficking in 544.6 grammes of heroin will be one of 18 years and 6 months. Likewise, given his earliest plea, a full one-third discount will be accorded to the defendant. As such, the sentence will be reduced to one of 12 years and 4 months’ imprisonment. Having considered the total amount of heroin involved, it is ordered that two months of Count 1 will be served consecutively to the 12 years and 4 months imposed on Count 2.
For the two counts the defendant stands convicted, he is therefore sentenced to 12 years and 6 months’ imprisonment.