HKSAR v. LEE FENG SHI

DCCC 730/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 730 OF 2014

-----------------------

-----------------------

---------------------------------------

REASONS FOR SENTENCE

---------------------------------------

1. The defendant has pleaded 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.

2. The drug in question is methamphetamine hydrochloride (commonly known as “ice”) and the quantity is 7.50 grammes of a crystalline solid containing 7.44 grammes of methamphetamine hydrochloride.

3. The summary of facts admitted by the defendant state that at around 0102hrs on the 7 June 2014 the police spotted the defendant walking into Ngau Chi Wan Estate along Lung Chi Path Wong Tai Sin Kowloon.  She appeared anxious and kept looking around.  At the time she was holding a plastic bag in her hand.

4. The police intercepted the defendant and the plastic bag contained the dangerous drugs the subject of the charge.  During the search the defendant had challenged the police about the legitimacy of their actions and put up a struggle.

5. Eventually she calmed down and was arrested and cautioned.  Under caution she claimed the drugs were for her own consumption.

6. At the time off arrest the defendant was also in possession of 10 transparent resealable plastic bags, three mobile telephones and HK690.00.  There is nothing in the facts before me which show in what way if any the mobile telephones were connected with the act of trafficking in the dangerous drugs.

7. During a subsequent interview under caution which was video recorded the defendant said she had bought the drugs from a friend at around 0030hrs on the 7 June at the Wong Tai Sin Estate for $1,000.00. She had then taken a taxi to the Ngau Chi Wan Village to buy some food before going home.  The resealable bags were for keeping items of jewellery.  She started to take “ice” a few months ago and took a small amount every 1 – 2 weeks. She had been unemployed but had purchased the drugs using savings from her previous jobs.

8. Notwithstanding her claim for self consumption the defendant admitted all the drugs seized were for the purpose of trafficking.

9. The defendant is 18 years old and of previous clear record.

10. In mitigation Mr Cheung who appeared for the defendant explained a difficult family background and how she had become mixed up with bad peers and introduced to drugs.

11. In light of what was advanced in mitigation and the defendant’s age I adjourned sentence and called for a probation officer’s background report.

12. The report confirms what can only be described as a difficult childhood.  Initially she had been cared for by her mother on the Mainland but subsequently she and her sister were sent to live with the father in Hong Kong who became ill with tuberculosis.  The mother was eventually granted right to remain in Hong Kong and took up various part time jobs.  The mother and father separated with the defendant continuing to live with the father and only reunited with the mother when the father moved out of the public housing unit.  The father was said to be loving but the defendant was closer to her mother.

13. At school the defendant lagged behind with studies and began staying away from home for several nights at a time.  She was emotionally upset when a school friend committed suicide and ended up dropping out of school after Form 3.

14. The defendant became mixed up with some dubious associates including triad members and was unable to hold down employment for any length of time.  She had been taking “ice” for about 18 months.  The defendant had committed the offence in order to earn some quick money.

15. The mother admitted inadequate parental supervision which caused the defendant to mix with bad peers and commit the present offence.

16. The report clearly illustrates the consequences of lack of parental supervision and guidance on young persons and the result of a lack of positive response to the school curriculum causing the student to fall behind and no doubt with a sense of frustration and failure to eventually drop out.  Failing at school leads to limited job opportunities which in turn leads to limited income whilst all the time faced with the attractions of our consumer society.

17. I have been provided with a letter in mitigation from the defendant.  She attributes her actions to mixing with bad peers.  She says she has insight into what she has done and seeks to start anew.  She acknowledges the worry caused to her family and the effort they have made to visit her whilst on remand.

18. The consequences of becoming involved in dangerous drugs and in particular the trafficking of them are well publicized.  All too often young persons who appear before court claim they have been influenced into committing the crime by bad peers.  No doubt such individuals do exist and do exert influence but the defendant was old enough to have appreciated fully what she was getting into.

19. The guideline sentence for trafficking in “ice” was set out in Attorney General v Ching Kwok Hung  [1991] 2 HKLR125 (as amended due to typographical error in HKSAR v Capitania [2004] HKCU 926).  For amounts up to 10 grammes a sentence of 3 to 7 years imprisonment after trial is appropriate.

20. In all the circumstances of this case I shall take a starting point of 4 years imprisonment.

21. This will be reduced by one third to reflect the defendant’s plea of guilty to 2 years and 8 months.  I shall allow a further reduction of 2 months to reflect the mitigation and the defendant’s relatively young age which will reduce the term to 2 years and 6 months.

22. The defendant will serve a term of 2 years and 6 months imprisonment.