HKSAR v. LAU MAN CHI

HCCC 88/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 88 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 pleads guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.

The defendant was stopped and searched by police officers laying ambush outside a flat. In the handbag held in her hand were one bag of “Ice” and 100 tablets of Erimin 5.

A room in the flat to which she has access was searched. One electronic scale with batteries, three piles of resealable plastic bags, one bag of straws, one roll of aluminium foil and one lighter were found.

Upon analysis it was found that the bag contained a total of 25.24 grammes of a crystalline solid containing 12 grammes of methamphetamine hydrochloride. The 10 foil packs contained a total of 100 tablets containing 0.62 grammes of nimetazepam. The retail value of the drugs was around $20,000-odd and $5,000 respectively.

The defendant is now aged 26. She has three previous convictions, two relating to the possession of dangerous drugs. In 2009 for possession of dangerous drugs she was sentenced to DATC.

By way of mitigation I am told that she has three young children aged 1, 4 and 6, and is now into the fifth month of a pregnancy. She contends through her counsel that a significant portion of the drugs found was for her own consumption. She hopes for a sentence as lenient as possible to enable her to be released from prison and to take care of her children and lead a productive life.

In sentencing the defendant I have taken into account her guilty plea, the nature of the drugs, the relevant sentencing tariff and mitigation forwarded by counsel.

Now the defendant contends that a significant portion of the drugs seized were for her own consumption I have considered the following factors in accordance with the case of Wong Suet Hau.

The total weight of the “Ice” was 25.24 grammes containing 12 grammes of narcotics. The market value of such was $20,444. The defendant was on CSSA in the amount of around HK$11,000, although it is alleged on her behalf that her boyfriend also provided financial support to her.

The second factor I take into account is that the drugs were wrapped in one bag whilst the No. 5 were in tablet form in foils.

The defendant was intercepted whilst coming out from a flat. There is no evidence before me to show whether that was her residence or not although she claimed through her counsel that she resided there from time to time with her boyfriend. Paraphernalia associated with both the consumption as well as the trafficking of drugs were found inside the room.

The defendant has two previous convictions for possession of dangerous drugs and claimed to be still so addicted.

Whilst it is not uncommon for drug addicts to feed their own consumption by trafficking and that the defendant might consume a small amount from the drugs seized in question, I do not accept that a significant portion of the drugs were for her own consumption.

No extra adjustment to sentence is warranted.

The present case involved two types of drugs - “Ice” and No. 5 Erimin. According to Ching Kwok Hung, trafficking in 10 to 70 grammes of “Ice” attracts a starting point from 7 to 10 years.

In the case of Wong Kin Kau the Court of Appeal approved of adopting the same tariff of ketamine for nimetazepam.

All the narcotics in the present case added together weighed about 12.62 grammes. Had they all been “Ice” it would not have caused the bracket of tariff to change to another level.

I adopt a starting point of 7 years’ imprisonment. She is entitled to the full one-third discount for her guilty plea.

She is sentenced to 56 months’ imprisonment.