HKSAR v. YIM CHUI YIN

DCCC 1147/2024

[2025] HKDC 1727

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1147 OF 2024

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REASONS FOR SENTENCE

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1.  The defendant pleaded guilty before this court to one count of trafficking in dangerous drugs which involves 2.42g cocaine and 5.45g ketamine.

2.  This is a typical stop and search case that took place on 13^th of June 2024, in the lobby inside Sham Shui Po MTR station.  Upon body search, the following items were found in the right side of the brassiere worn by the defendant:

(a) A transparent re-sealable plastic bag containing 11 plastic bags with red lines containing a total of 3.26 grammes of a solid containing 2.42 grammes of cocaine (E1);

(b) A transparent re-sealable plastic bag containing 8 plastic bags with green lines containing a total of 5.54 grammes of a solid containing 4.57 grammes of ketamine (E2); and

(c) A transparent re-sealable plastic bag containing 2 plastic bags with blue lines containing a total of 1.07 grammes of a solid containing 0.88 grammes of ketamine (E3).

3.  Besides, two mobile phones and HK$4,934 were found on her. The defendant was then arrested accordingly. Under caution, she admitted that E1-E3 were dangerous drugs.

4.  These items were confirmed to be so by a Government Chemist subsequently. The street value of them was approximately HK$5,966 in total.

5.  Based on the above, the defendant admitted her guilt for the offence.

6.  In mitigation, defence counsel Mr Kan mentioned the personal background of the defendant. In short, she is 28 years old, she has one record of possession of dangerous drugs that took place in 2018. It was emphasized that the defendant is remorseful. She was described to be “merely a courier to deliver the drugs and she is at the bottom of the hierarchy.” (DS #10).

7.  The case of HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290 and HKSAR v Lee Ming Ho [2024] 1 HKLRD 1186 were referred. It was submitted that:

“One of the salient features of this sentencing approach is the moving away from a rigid arithmetical approach, with starting points and sentences based purely on narcotic content, to a more discretionary approach involving an assessment of the defendant’s role and culpability. However, the quantity of the dangerous drug involved remains the primary determinant in sentencing.” (DS #11)

8.  Mr Kan also responsibly and helpfully identified the applicable starting points with further elaborations on how the 6-step approach should be put in place in the present case (DS #12-16 & #25-34).

9.  It was said that the basic starting point for the cocaine involved should be 32 months’ whereas that for the ketamine should be 35 months’. Following the case of HKSAR v Cheng Wai Man [2019] 1 HKLRD 817 and HKSAR v Chan Yuk Leong CACC 318/2013, Mr Kan came up with the following figures:

(a) Under Absurdity Test: 4 years & 4 months;

(b) Under Conversion Test: 3 years & 8 months;

(c) Under Ratio Test: 3 years & 9 months.

10.  The Prosecution confirmed that they do not dispute these calculations. Mr Kan on the other hand submitted that a starting point lower than 45 months’ could be adopted in light of all the considerations.

11.  The court accepts that the defendant was a mere courier. Nonetheless, this case remains very serious.

12.  Having carefully considered the submissions, a starting point of 45-month is taken. The defendant is entitled to a 1/3 discount for her guilty plea. This makes the sentence to become a term of 30 months’ imprisonment. Having taken into account all the mitigations, a 3-month discount is further given in probation to encourage the rehabilitation of the defendant.

13.  There is no further discount being justified, nor could this case be dealt with by way of a suspension of sentence.

14.  The defendant is sentenced to 27 months’, i.e. 2 years and 3 months’ imprisonment.