HKSAR v. SHIH CHI TUNG

HCCC 401/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 401 OF 2013

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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 before a magistrate of one charge of trafficking in a dangerous drug. Today she pleaded guilty again before me and was convicted of the charge. In sentencing, I have considered the whole circumstances of the case, including its nature and facts, in particular the type and quantity of the dangerous drugs involved, the defendant’s background and mitigation put forward on her behalf.

The facts of the case may be summarised as follows.

At about 10 pm on 10 May 2013, the defendant was stopped on the street. Upon search, dangerous drugs were found inside the handbag she was carrying. Upon arrest she said, under caution, that she just wanted to sell those dangerous drugs to her friends to earn some money for raising kids. In a subsequent interview, she said she had bought the dangerous drugs with $6,000 from another person. Having collected the drugs from a rubbish bin, she put them into her handbag, intending to separate them into smaller packets and sell to friends for $200 to $300 each.

The dangerous drugs in question were 13.47 grammes of a crystallised solid containing 13.14 grammes of methamphetamine hydrochloride and 0.59 grammes of a crystallised solid containing 0.45 grammes of cocaine. Each type of dangerous drugs was contained separately in three sealable transparent plastic bags.

I was told that the defendant is now 25 years of age. She is the mother of two young children. Having graduated from a secondary school, she has been working as a beautician. She is a first time offender. Learned defence counsel, Mr McGowan stressed that the defendant is remorseful as she made frank admission upon arrest and pleaded guilty at the earliest opportunity. He told the court that drug addition is the main problem of the defendant. She was deserted by her boyfriend who had cohabited with her for some time, leaving her to take case of their son alone.

Mr McGowan also informed the court that the defendant intended to retain part of the dangerous drug for her own consumption, but the quantity was not to the extent that it will bring the narcotic content of the dangerous drug below 10 grammes.

The most significant drug in this case was "ice". The Court of Appeal held in AG v Ching Kwok Hung [1991] 2 HKLR 125 that in a case of trafficking in "ice" where the narcotic content was between 10 to 70 grammes, the sentence would range from 7 years to 10 years imprisonment. I see no reason in the present case to depart from the tariff.

I accept that the defendant intended to retain a small quantity of the dangerous drugs for her own consumption, however, taking into account what Mr McGowan informed the court, the high latent risk and the fact that even possession of dangerous drugs carries an imprisonment term, the effect on sentence is limited.

Defendant, I have also taken into account that you were trafficking in a small quantity of cocaine as well. Despite the narcotic content was increased only slightly, trafficking in two different types of dangerous drugs is an aggravating factor. At the same time, I note that you had a clear record and I am satisfied that you are remorseful. Defendant, please stand up.

In all the circumstances, I adopt a starting point of 7 years. You pleaded guilty and for this reason, is entitled to a one-third discount. I note that you are the mother of two young children. As a matter of clemency, I am prepared to give you an extra discount of 2 months.

I therefore sentence you to an imprisonment term of 4½ years.