|
HCCC 364/2015
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 364 OF 2015
-----------------
| |
HKSAR |
|
| |
v |
|
| |
YAN Mei-yee (甄美儀) |
|
------------------
| Before: |
Deputy High Court Judge McMahon |
| Date: |
23 November 2015 at 9.52 am |
| Present: |
Mr Andrew Cheng, SPP of the Department of Justice, for
HKSAR |
|
Mr Suen Kam-hee, instructed by C O Yu & Co, assigned by
DLA, for the accused |
| Offence: |
Trafficking in dangerous drugs (販運危險藥物) |
---------------------------------
Transcript of the Audio Recording
of the Sentence in the above Case
---------------------------------
COURT: The defendant, a 43-year-old woman, has been committed to
this court for sentencing pursuant to the provisions of section
81B of the Magistrates Ordinance, Chapter 227.
The defendant has pleaded guilty to an offence of trafficking in a combination of drugs comprising 14.18 grammes of methamphetamine hydrochloride, ('Ice') and 6.64 grammes of heroin hydrochloride, (‘heroin’).
The facts of the case are straightforward. The defendant was intercepted by police as she entered her residential building in Sham Shui Po. The shoulder-bag she was carrying was searched and in it were found three plastic bags containing the 'Ice' and another two plastic bags containing the heroin. Most of the heroin was wrapped as individual pellets. A sum of $9,290 was also found in her bag.
The defendant was taken to her room and upon entering it, using the defendant’s keys, the police found drug packaging equipment consisting of 22 small plastic bags, two electronic scales and coloured wrapping paper matching that around the wrapped heroin pellets.
I propose to adopt the combined approach to sentence described in HKSAR v Yip Wai Yin. I take the 'Ice', comprising as it does 14.18 grammes of narcotic, as being the dominant component and adopt a starting point of sentence of 7 years’ imprisonment.
That then needs to be enhanced to reflect the 6.64 grammes of heroin also the subject of the offence. In my view, a level of enhancement of 6 months’ imprisonment is appropriate and that is sufficient also to reflect the fact that the defendant was trafficking in drugs of different types. That results in a starting point of sentence of 7 years 6 months’ imprisonment.
There is one substantial mitigating factor and that is the defendant’s plea of guilty for which she gets full credit.
Accordingly, that starting point is reduced by one-third and the defendant is sentenced to 5 years’ imprisonment.
|