HKSAR v. WONG SIU HANG

HCCC 160/2023

[2023] HKCFI 2217

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 160 OF 2023

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REASONS FOR SENTENCE

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1.  The defendant pleaded guilty to one count of trafficking in a dangerous drug contrary to S4(1)(a)  & (3)  of the Dangerous Drugs Ordinance, Cap 134 before the Eastern Magistrates’ Courts on 19 June 2023.

2.  The Cocaine was found in a blue paper bag which she was seen to be carrying on the evening of 25 August 2021.  Inside the bag were 3 re-sealable plastic bags containing equal quantities of crack cocaine. Upon arrest and caution, she maintained these drugs were for her own consumption.

3.  The defendant is 27 years of age and of previous good character.  She is married with a young daughter.  She had dropped out of school after Form 1 and had been employed as a part-time worker since the age of 16, working as a waitress and saleslady.  She married in 2014 and has not been employed since.  Unfortunately, Covid 19 affected her husband’s income as a driver and they suffered financial difficulties which she sought to relieve by giving in to pressure from others to deliver drugs for which she was to be paid $3,000 per delivery.

4.  The value of the 63.5 g of Cocaine recovered was approximately $92,964.

5.  Trafficking in Cocaine is governed by R v Lau Tak-ming & Others [1990] 2 HKLR 370.  For trafficking in 63.5 g of Cocaine, the starting point after trial should be in the region of 8 years 3 months.

6.  I accept that she was just a courier and that there are no aggravating features which would increase that starting point. The only mitigation available to the defendant for an offence as serious as this is the one third discount for her plea of guilty.  She will go to prison for 5 years 6 months.

7.  Order in terms of the application for disposal of exhibits under SS55 & 56 of the DDO, Cap 134.