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HCCC 491/2014
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 491 OF 2014
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HKSAR |
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LI Wing-yi |
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| Date: |
20 January 2015 at 10.19 am |
| Present: |
Miss Sabra Lo, SPP of the Department of Justice, for HKSAR |
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Mr Chan Chung, assigned by the Director of Legal Aid, for the accused |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The defendant pleaded guilty to trafficking 80 grammes of heroin hydrochloride.
On 3 April 2014 at about 8.30 pm, the defendant was intercepted by Customs officers at the Lok Ma Chau Control Point while entering Hong Kong. Upon search, the officers found 10 pellets of heroin hydrochloride tucked inside the waistband at the back of her jeans. The defendant admitted that the pellets contained “4 Chai”.
According to Customs’ statistics, the market price for this quantity of drugs was about $94,000.
The defendant is 32 years old. She has four previous convictions, one of which was related to drugs. She was sent to DATC in 2005. She was last sentenced to about 5 months’ imprisonment for theft in 2010. She received education up to Form 2. She is divorced and lives with her parents at Lok Wah North Estate. She was unemployed at the time of the offence. At that time the defendant was in debt of about $200,000 from playing mahjong. She was induced by Ah Man to bring the drug to Hong Kong for a reward of $3,000 and some drug for her own consumption.
The defendant is very remorseful now. Her parents submitted a letter pleading for leniency.
The sentencing tariff of HKSAR v Lau Tak Ming[1990] 2 HKLR 370 is applicable in this case. For 80 grammes of heroin hydrochloride, a starting point should be 8 years and 10 months’ imprisonment.
Having considered the amount of heroin hydrochloride, her background and the mitigation by counsel, I take the starting point at 8 years and 10 months’ imprisonment. She took the drug to Hong Kong, I add six months to reflect this aggravating factor. The adjusted starting point should be 9 years and 4 months’ imprisonment. I deduct 3 years and one month for her plea.
I sentence the defendant to 6 years and 3 months’ imprisonment.
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