CRIMINAL CASE NO. 233 OF 2011
COURT: The defendant, Kwok Oi-wah, Phebe, was charged with one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.
She pleaded guilty before me, and after admitting to the Summary of Facts, I found her guilty as charged.
The Summary of Facts shows that on 1 February this year, a party of police officers carried out an operation in the vicinity of Castle Peak Road and Yen Chow Street in Shamshuipo. At 2016 hours the defendant was intercepted by the police, and a subsequent search revealed a transparent resealable plastic bag containing suspected dangerous drugs inside her jacket pocket.
The defendant was arrested for the offence of trafficking in a dangerous drug, and under caution, the defendant said she carried the dangerous drug for others because she had no money.
The suspected dangerous drug was later examined and found to be a total of 13.42 grammes of a crystalline solid containing 13.25 grammes of methamphetamine hydrochloride. The retail value of the dangerous drug was estimated to be HK$8,602.
During a video-recorded interview, the defendant said she was approached by someone called “Ah Hung”, and she agreed to carry goods for “Ah Hung” for $500 per day. She had worked for two days when she was arrested.
In relation to the “Ice” found on her, she was told to deliver it to the vicinity of Park’N Shop at Yen Chow Street, where she would be contacted.
Background and Mitigation
The defendant is a single woman now aged 40. She is not a first offender, having 19 previous convictions recorded against her. Most of the offences were for possession of dangerous drugs. She does not have any previous record for trafficking in dangerous drugs.
In mitigation her counsel, Mr Oliver Davies, informed me that at the time of the offence the defendant had just been released from Drug Addiction Treatment Centre and she was destitute, having only $100 on her when she was asked to traffic drugs for others.
The defendant was abandoned by her own parents when she was a child, and her only aunt has passed away, so she had no one to turn to. This is the first time she committed this offence, and she was remorseful. Mr Davies urged me to adopt the lowest starting point within the bracket, as the amount of “Ice” involved was just beyond the lowest quantity.
Trafficking in a dangerous drug is a serious offence. On conviction on indictment, a person is liable to a fine of $5 million and to imprisonment for life. The Court of Appeal has set down guidelines for trafficking of “Ice” in the case of Ching Kwok Hung. For the trafficking of 10 to 70 grammes of “Ice”, the starting point is one of 7 to 10 years. The “Ice” involved in this case is indeed just over the minimum.
Although the defendant is not a first offender, most of the offences related to possession of dangerous drugs. This is indeed the first time she is convicted of trafficking in a dangerous drug.
Having considered all the circumstances of the case and the defendant’s background, and bearing in mind the quantity involved, I am of the view that a starting point of 7 years is appropriate in this case.
The defendant has tendered a timely plea, and she is entitled to a full one-third discount. I do not see any other ground to further reduce the sentence.
So for the offence of trafficking in a dangerous drug, the defendant is sentenced to imprisonment for 4 years and 8 months.