COURT: Mr Yeung, you plead guilty at the committal stage to a count which charge you on the 21st day of August 2021, at Room 609, 6th Floor, Ko Chi House, Ko Yee Estate in Yau Tong, unlawfully trafficked 47.26 grammes of a solid containing 39.33 grammes of cocaine.
The facts which you have admitted are such. On 21 August 2021 at around 8 o’clock in the evening, police officers gained entry to the address particularised in the charge, you were found therein. Upon search, one resealable plastic bag containing 25 resealable plastic bags containing a total of 4.64 grammes of a solid containing 3.97 grammes of cocaine was found in one of your trousers’ pocket. You were arrested and under caution, you said the drugs belongs to you.
Upon further search, another plastic bag containing a number of items were found on the dining table in the unit. They include one resealable plastic bag containing 100 resealable plastic bags containing a total of 18.8 grammes of a solid containing 15.3 grammes of cocaine.
There was another resealable plastic bag containing 127 resealable plastic bags containing 23.82 grammes of a solid containing 20.06 grammes of cocaine.
In summary, drugs found on you and on the table were a total of 252 resealable plastic bags containing 47.26 grammes of a solid containing 39.33 grammes of cocaine.
Estimated street value of the drugs is $65,000-odd.
Under caution, you said all the drugs belongs to you. Later on in a video-recorded interview, you further admitted a person whom you came to acquaint with in a bar in Mong Kok asked if you want to earn quick money. And on 19 August 2021 in the evening, he passed onto you a black bag which contained the drugs in question and asked you to deliver it for a reward of $2,000 to $3,000.
You further provided your mobile phone to him for communication purpose. And on the day that the police gained entry into your flat, you were waiting for instructions as to where the drugs should be delivered to. Furthermore, you also said you are a drug addict, in that you take cocaine by putting them into a cigarette.
You are now aged 51. It is urged upon me that you are person of kind hearted, you always help the needy person. Though you have one previous conviction, it is urged upon me that you are not in the category of persistent offender.
Your last conviction is also for trafficking in dangerous drugs and that was in the year of 2013. It was also further urged upon me that since your remand in custody, you had changed a lot, you had tried to reform yourself, and you had not wasted your time in prison but learned some skills of trade or qualifications for the preparation of your release in the future.
In particular, I was handed a certificate certifying that you have complete a Foundation certificate in Spreadsheet Processing and has passed all the required assessments.
So all in all, Mr Lai urged upon me that you had seen the problem of yours, you are still not very old. There is still room for you to be a useful person in the society and you had demonstrated you are a person of kind hearted and also demonstrated your determination to turn a new leaf by gainful and useful employment of your time in prison.
The Court of Appeal has said on many occasions, personal background does not count too much in offences of this nature. In your case, I am afraid the only meaningful mitigation that I can find is your timely plea.
For 39.33 grammes of cocaine, we are looking at the range of sentence of between 5 to 8 years (according to the guidelines). On a pure mathematic calculation, an initial starting point will be around 7 years and 3 months.
I accept from the facts before me that you are a courier delivering drugs for somebody for a reward. Culpability on your part could be put at the lower end of the sentencing range. However, you have one previous conviction for trafficking in dangerous drugs and also some other minor offences.
No doubt for persistent offender, this will be considered seriously against you, however, the fact that you are not a persistent offender but a similar offence is something that the court should take into account.
In the circumstances, I find that the appropriate starting point in your case is one of 7 years and 6 months. As I say, I will give you full credit for your plea of guilty. I will give you one-third discount, and you are therefore sentenced to a term of imprisonment of 5 years.