COURT: The defendant has pleaded guilty to one count 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 on 8 December 2020, police officers intercepted the defendant who was sitting inside a private car with the engine running at a carpark in Fanling. A search of the vehicle uncovered 78.24 grammes of ‘Ice’, 10.76 grammes of ketamine and 1.12 grammes of cocaine.
Under caution, the defendant admitted that the dangerous drugs in questions were for sale to other people. He acted as a delivery man, and in return he would receive HK$5,000.
The defendant is 40, unemployed at the time. He has five criminal records, four related to drug and two of them, in particular, are trafficking.
Guidelines on sentencing are clear, the starting point for trafficking in 78.24 grammes of ‘Ice’ alone is one of 134 months’ imprisonment. Mr Wong for the defendant submitted that together with other dangerous drugs, a starting point should be set at 135 months’ imprisonment. An additional 3 months should be added for trafficking in multiple dangerous drugs. Another aggravating feature is the defendant’s past criminal record, in particular, trafficking record. As such, an additional 3 months would be added. The overall starting point would therefore be set at 141 months’ imprisonment.
Given the defendant’s earliest plea, the sentence is therefore reduced to one of 94 months’ imprisonment, ie, 7 years and 10 months.