COURT: The defendant has pleaded guilty to one count of conspiracy to keep a divan and one count of conspiracy to traffic in a dangerous drug. He is committed to this court for sentence.
In the afternoon on 10 June 2022, police officers raided an apartment in Sai Yeung Choi Street, Mong Kok. Inside the apartment, 17.65 grammes of heroin, 16.01 grammes of methamphetamine, 12.39 grammes of cocaine, 1.13 grammes of methamphetamine, 30 tramadol tablets, 116 midazolam tablets, and various drug paraphernalia such as electronic scales, lighters, were found.
The street value of all those dangerous drugs in question was estimated to be between HK$56,000 and HK$64,000.
Under caution, the defendant admitted that he was recruited to act as the person in charge of the apartment in providing a place for drug abusers to purchase and consume dangerous drugs in question therein. In return, he would receive $1,300 for each day’s operation.
The defendant, in essence, accepted that between 8 June 2022 and 10 June 2022, he was keeping a divan and selling an array of dangerous drugs to customers of the divan upon their request.
The defendant is 54, educated up to Primary 6 level. He has 17 criminal conviction records with multiple possession of dangerous drugs offences and one trafficking in dangerous drugs offence.
The operation of the divan was not significantly huge. Only eight chairs and a sofa were placed for customers’ use.
Given the duration and the scale of its operation, a starting point of 24 months will be adopted. After a plea, the sentence is therefore reduced to one of 16 months’ imprisonment.
As for Count 2, the notional starting point based on quantity alone under various tests will be one of 8 years’ imprisonment.
In the present case, multiple drugs were involved and in addition, the defendant also has multiple drug criminal convictions, an additional 1 year will be added. The defendant will be given the full one-third discount for his plea. This will reduce the sentence in Count 2 to one of 6 years, ie, 72 months’ imprisonment.
The defendant, of course, was not acting simply as a courier. He was effectively running a packaging and distribution centre. However, this aggravating feature or aspect of the case has been reflected in the sentence imposed on Count 1. In view of that, the two sentences will be ordered to run consecutively to each other.
In conclusion, for the two offences that the defendant stands convicted, he is therefore sentenced to a total of 7 years and 4 months, ie, 88 months’ imprisonment.