COURT: The defendant has pleaded guilty to two counts of trafficking in a dangerous drug and one count of conspiracy to manufacture a dangerous drug, contrary to section 4 and 6 of the Dangerous Drugs Ordinance respectively.
In the afternoon on 9 July 2021, the defendant was intercepted by police officers outside his residence in Wong Tai Sin. 863.63 grammes of cocaine was found in a recycled bag that the defendant was carrying.
The defendant was then taken back to his residence where a search was conducted. Inside his residence, a further 1,604.72 grammes of cocaine was also found together with all kinds of paraphernalia and chemicals, such as sodium bicarbonate.
Government chemist confirmed that the paraphernalia and chemicals seized were items commonly associated with the process of making cocaine base.
Under caution, the defendant admitted that as he needed money, he therefore agreed to manufacture cocaine at his residence.
The defendant is 43, single, educated up to Form 3 level. Prior to his arrest, he was unemployed. He also has three criminal records, one related to trafficking in a dangerous drug. In 2014, he was sentenced to 7 years and 4 months for trafficking in a dangerous drug in the High Court. Shortly after his release, the defendant reoffended again.
Given the circumstances leading to the defendant’s arrest, Count 1 and Count 2 could be considered to be one single transaction. The total quantity of cocaine is one of 2,468.35 grammes. As such, the notional starting point for trafficking in that amount is one of 24 years and 4 months.
In this particular case, the defendant was effectively running a manufacturing and distribution centre in his residence. In other words, he was acting more than as a simple courier. As such the sentence is increased to one of 26 years.
An additional one year will also be given for his previous trafficking record. As such, the starting point will be set at 27 years’ imprisonment.
A one-third will be given for the defendant’s plea. For the two counts of trafficking in a dangerous drug, the defendant is therefore sentenced to 18 years each to run concurrently to each other.
Count 3 in my view adds nothing to the overall culpabilities of the defendant and the criminality of the case. The culpabilities and the criminality have been subsumed into Count 1 and Count 2. As such, he is also sentenced to 18 years’ imprisonment to be served concurrently with Count 1 and Count 2.
In summary for the three offences the defendant stands convicted, he is sentenced to a total of 18 years’ imprisonment.