CRIMINAL CASE NO. 106 OF 2010
COURT: The defendant pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance.
On 18 September 2009, the defendant was intercepted by police officers after returning from mainland at Lok Ma Chau Border Control. Police officers found 73.83 grammes of cocaine wrapped on his body.
Under caution, the defendant admitted that he, for $2,000, agreed to deliver the drugs from China to Hong Kong. In short, the defendant acted as courier to import cocaine.
Guidelines on sentence are clear. The starting point, in the absence of other aggravating factors, for trafficking in 73.83 grammes of cocaine is slightly short of 9 years' imprisonment.
There are, however, aggravating features in this case, namely, the bringing of drugs across the border into Hong Kong, and the defendant's previous drug record, in particular, similar trafficking record.
As such, the starting point is adjusted upwards to one of 9 years' imprisonment.
Apart from his plea, I do not see any other mitigation in the defendant's favour, despite counsel's best endeavour. The usual one-third discount will be given.
The defendant is therefore sentenced to 6 years' imprisonment.