COURT: Defendant, you have pleaded guilty to the offence of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.
You admitted, on 9 May 2013, at Room 1205, Wing Sing Hotel, Wing Sing Lane, Yau Ma Tei, you unlawfully trafficked in 70.06 grammes of a crystalline solid containing 70.00 grammes of methamphetamine hydrochloride and 337 tablets and 1 tablet fragment containing 1.04 grammes of nimetazepam.
On the day in question, police officers mounted an anti-dangerous drug operation to observe Room 1205 at the Wing Sing Hotel. At about 6.30 pm, they saw you opening the door of the hotel room, intending to leave. When they declared their police identity, you attempted immediately to close the door but were not successful and the police gained entry.
A search was conducted in the room and the drugs were found on the dressing table. Aside from the drugs, one electronic scale and one resealable plastic bag containing a bundle of resealable plastic bags, one straw and a lighter was also found.
When you were arrested for trafficking in a dangerous drug, under caution, you admitted that the three plastic bags contained "Ice" and the number 5 tablets were given to you by Ah Ming to deliver to other people for a reward of $700, but it had not been paid yet. Inquiries revealed that you had rented this hotel room some two days before.
The market retail value of the drugs was estimated at about HK$70,279.
Your counsel, Miss Vivian Wong, has mitigated fully and thoroughly on your behalf and I have taken into account all that she has had to say.
You are 37 years of age. You have 15 previous convictions, of which three are for possession of dangerous drugs. You are married and have a son aged 12. You were a decoration worker but with an unstable salary. I am informed that the reason you committed this offence was because of your unstable salary and the need to support your family and the fact of earning quick money.
You have been remanded now for approximately a year and I am informed that at the time of the commission of the offence, you were separated from your wife but now you are reunited with your wife and son. You have also appreciated the love and support that has been shown to you from your parents, your wife and family whom have visited you almost daily whilst you have been in prison. For the sake of your son, you are determined to be a better role model.
Miss Wong is correct to point out that the tariff case for sentencing in trafficking of the dangerous drug "Ice" is set out in Attorney General v Ching Kwok Hung. You had an amount of 70 grammes of "Ice" in your possession for the purposes of trafficking. That falls in bracket number 3 of between 70 and 200 grammes which calls for a sentence of imprisonment of between 10 to 14 years after trial.
You are now well aware that for the little reward of some $700 and to make quick, fast money, you are having to serve a long term of imprisonment.
In sentencing you, Defendant, I do take the combined approach in sentencing you. For 70 grammes of "Ice", the appropriate starting point would be one of 10 years’ imprisonment. The strongest mitigating factor is your plea of guilty and, as a result, a reduction of one-third will be made from that starting point and the sentence will be one of 6 years and 8 months’ imprisonment.
You had a further 337 tablets and a fragment of nimetazepam which is 1.04 grammes. You were also trafficking in this drug. However, in view of the relatively small quantity of this drug, I do not intend to increase the starting point.
Therefore, for these drugs that you were trafficking in, I sentence you to a term of 6 years and 8 months’ imprisonment.