HKSAR v. NGAI YUK MUI

HCCC373/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 373 OF 2012

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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 one count of trafficking in a dangerous drug contrary to section 4 of the Dangerous Drugs Ordinance.

On the material day the defendant was intercepted by Customs officers at Lok Ma Chau Control Point. 0.11 kilogramme of heroin was found on her body. Under caution the defendant admitted that for $5,000 she agreed to bring the drugs from Shenzhen into Hong Kong.

The defendant is 55 and unemployed at the time. She has four criminal convictions related to drug trafficking. For that she was given sentences ranging from 1 to 7 years. It seems clear that these sentences have had little effect on her.

Guidelines on sentencing are clear. The starting point for trafficking in 0.11 kilogramme of heroin is one of 9½ years’ imprisonment. Given her previous similar conviction records and the fact that this was a cross-border trafficking, the starting point therefore is adjusted upward to one of 10 years’ imprisonment.

Given the defendant’s plea, she is therefore sentenced to 80 months, that is, 6 years and 8 months’ imprisonment.