CRIMINAL CASE NO. 134 OF 2008
COURT: Lee Chi-hang, you were convicted by the verdict of the jury of the offence of trafficking in dangerous drugs. Six different types of drugs were found by the police in the flat used by you in Fu Lee Loy Mansion in North Point on 15 October 2007.
The drugs were 118.08 grammes of a crystalline solid containing 114.33 grammes of methamphetamine hydrochloride, 12.12 grammes of solids containing 8.82 grammes of cocaine, 7.78 grammes of cannabis in herbal form, 39.97 grammes of cannabis resin, 3 milligrams of tetrahydrocannabinol, and 252 tablets and tablet fragments containing 0.569 grammes of nimetazepam. The court heard evidence that the total retail value of those drugs was approximately $74,000.
While I am prepared to accept that the cannabis-type drugs may have been for your own consumption, I am in no doubt that the vast majority of the remaining drugs were in your possession for the purpose of trafficking.
If the methamphetamine hydrochloride, the “Ice”, had stood alone, and taking into account that a small portion may have been for your own consumption, I would have adopted a starting point of 10 years’ imprisonment for that drug alone. The fact that you had other types of drugs, including a significant quantity of cocaine, nimetazepam and cannabis-type drugs available for those who required it is an aggravating feature. If the cocaine had stood alone, it would, in my view, have warranted a starting point of 4 years’ imprisonment.
As a mature and intelligent woman, you would have been aware that very serious consequences would follow if your activities were detected. You chose to take that risk.
In my view, the appropriate overall starting point in this case is a sentence of 12 years' imprisonment.
I have listened to all that Mr Plowman has said on your behalf. I bear in mind that you have only one previous conviction and that was in 1998 and it is spent, and was unrelated to dangerous drugs.
For the purpose of sentence, I regard you as a person of previous good character. However, good character is a factor of very limited significance when it comes to this sort of case. I also bear in mind in particular that your conviction, sadly, may mean that you are unable to see your father again.
Even taking these factors into account, I am satisfied that there are no circumstances that warrant any discount on the starting point to which I have referred. You could have pleaded guilty and obtained a discount of one-third but you chose not to do so. You have shown no remorse whatsoever for your activity.
The sentence I therefore pass is 12 years' imprisonment.