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HCCC 227/2018
[2019] HKCFI 291
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 227 OF 2018
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| Date: |
4 January 2019 at 9.50 am |
| Present: |
Ms Noelle Aileen Chit, PP of the Department of Justice,
for HKSAR |
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Ms Wong Kam-kuen Catherine, instructed by To, Lam & Co,
for the accused |
| Offence: |
(1) & (2) 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 has pleaded guilty in the Magistrate’s Court to two counts of trafficking in a dangerous drug, the 1st count concerning 6.10 grammes of a solid containing 4.71 grammes of heroin hydrochloride and 39.20 grammes of a mixture containing 30.94 grammes of heroin hydrochloride.
The 2nd charge relates to trafficking in 1.07 grammes of a powder containing 0.87 grammes of heroin hydrochloride and 51.51 grammes of a mixture containing 41.21 grammes of heroin hydrochloride.
The facts reveal that on 6 January last year, the defendant was seen acting furtively when she was intercepted in Morse Park in Wong Tai Sin. Upon a search, the drugs in the 1st charge was found wrapped in pieces of newspaper and within the newspaper were a total of 35 packets and also 230 packets, all consisting of mixtures consisting of the dangerous drug.
She was arrested and cautioned and under caution she confessed that she was to receive a thousand dollars as reward to bring the dangerous drugs in Charge 1 to Morse Park. At the time of arrest, the defendant had three mobile phones on her and cash of HK$5,680.50 and a bunch of keys. At her residence in Wong Tai Sin was found the drugs which is the subject matter of the 2nd charge. In that room in the box were seven packets of a mixture containing dangerous drugs and 200 packets also containing mixtures containing dangerous drugs. But what is of most concern is that also found in the room was an electronic scale and an electronic stirrer. So it does not appear that the defendant was merely transporting the drugs.
Defendant was arrested and cautioned after these drugs were found in her home and she claimed again that she was to bring the items from the room to Morse Park later that evening. Under caution in a subsequent interview, she claimed that the drugs belonged to “Ah Hei” and she was merely bringing all these drugs for him to Morse Park in order to obtain a thousand dollar reward.
The total value of the drugs seized from the defendant and from her home were in the region of about HK$96,412.
The defendant is aged 55 and has one previous of possession of dangerous drugs in 2013 for which the conviction was spent and after she had finished her drug addiction treatment centre sentence. So I will consider that she is of clear record.
Now, the mitigation of Ms Wong correctly pointed out that the most important mitigation really for the defendant is that she had pleaded guilty at the earliest opportunity. Trafficking in dangerous drugs is a very serious offence because it destroys lives of both young and old in Hong Kong. And my sympathy does not go out to the defendant at all. She knew what she was getting into but she is a disappointment to her children who have shown love for her by appearing in court today.
The Court of Appeal has laid down sentencing guidelines for trafficking in heroin in Lau Tak Ming’s case in 1990 [1990] 2 HKLR 370 and as Ms Wong correctly pointed out, for the total amount of drugs in this case which is about 77.73 grammes, the total of drugs in the two counts would fall into the 50 to 200 grammes category in which the Court of Appeal suggested the guideline sentence of between 8 to 12 years’ imprisonment after trial. In this case, with the total amount of 77.73 grammes, I would consider an 8 and a half years’ starting point to be reasonable, taking into account the facts in this case. So if given one-third off, the total sentence should be in the region of 5 years and 8 months.
So I will sentence the defendant in this way. In the 1st count, the drugs were in the region of 35.65 grammes of heroin hydrochloride and I would adopt a starting point of 7 years. Deducting one-third would give us a sentence of 4 years and 8 months.
In relation to the 2nd count, the total amount of drugs is 42.08 grammes and I would adopt a starting point of 7 and a half years. Deducting one-third off would give us a sentence of 5 years.
So referring to the totality principle and the amount of drugs, I therefore sentence the defendant on the 1st count to 4 years 8 months, on the 2nd count to 5 years, 12 months consecutive to the sentence in the 1st count and the remaining 4 years to be concurrent, thus giving us a total of 5 years 8 months’ imprisonment.
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