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DCCC 299/2018
[2018] HKDC 1322
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 299 OF 2018
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| Present: |
Miss Chong Man-yan, Cherry, Public Prosecutor, for HKSAR
Mr Tang Siu-man, Donald of Messrs. Tangs Solicitors assigned by the Director of Legal Aid for the defendant.
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| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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REASONS FOR SENTENCE
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1. The defendant, a 65-year-old woman, was found carrying drugs when stopped and searched by the police in the street.
2. She pleaded guilty before me to one count of trafficking; the drugs involved are 4.81 grams of a mixture containing 4.08 grams of heroin hydrochloride.
3. Around mid-night on 8 January 2018, officers in plainclothes patrolling in the streets of Mong Kok spotted the defendant, as she acted suspiciously, they stopped her for questioning.
4. The officers first of all found a wad of banknotes (total value $10,000) with a rubber band round them in the sling bag she was carrying, when asked about the money, without answering the question, she reached inside her left jacket’s pocket that arouse the officers’ suspicion to search her further.
5. In her left jacket’s pocket, they found the drugs which were in pellet form - 23 in total inside a plastic bag, 10 in red and the rest in blue. Also found on her were a mobile phone and cash of $581.
6. The defendant immediately acknowledged ownership of the drugs saying that they were for her own consumption and the wad of banknotes was given to her by her relatives for the funeral of her husband.
7. The defendant has 12 prior convictions, 6 of them are trafficking and 4 possession. Her last convictions are possession of offensive weapon as well as of drugs in 2016 for which she was sent to DATC. 6 years before that she was also sent to DATC for trafficking in 2000. As for the other trafficking offences, they happened rather long time ago – some 20 to 30 years before – and she was given prison terms on those occasions.
8. In mitigation, the court heard that the defendant used to live with her ex-husband and their only son in a public housing unit, she bore her misfortune not once but twice, counsel said, she first lost her husband and then her son. The son committed suicide while she was remanded in custody for the present offence.
9. Counsel for the defendant said that the substantial mitigation in the case is her timely plea of guilty and nothing else. And I have confirmed with him the defence position, and counsel indicated to the court that the defendant had possessed all the drugs for the purpose of trafficking; so in other words, she recanted her statement to the police that she had the drugs for her own consumption, nor did she rely upon part consumption as part of the mitigation.
10. There are sentencing guidelines for trafficking heroin – for trafficking up to 10 grams, a term between 2 and 5 years is to be considered.
11. For the amount (4.08 grams) she admitted trafficking, I take 38 months as starting point. Looking at her record, she is undoubtedly a repeat offender of drug offences, even more so in relation to trafficking; but given the fact that her trafficking history was dating back decades ago, I do not intend to increase her sentence on the ground of recidivism on this occasion.
12. Giving one-third discount for her timely plea, the starting point is reduced to 25 months. As there is no reason for any further reduction, the defendant is therefore sentenced to 25 months’ imprisonment.
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