HKSAR v. WONG SUET-HAU, ICE

HCCC 212/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 212 OF 2015

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: Defendant please stand.

The defendant has pleaded guilty to one count of trafficking in a dangerous drug, namely 27.5 grammes of a crystalline solid containing 27 grammes of methamphetamine hydrochloride.

The facts that she has admitted to is that on 5 January 2015, in the afternoon, while she was in Sai Lau Kok Road, Tsuen Wan, New Territories, she was intercepted by police, whereupon a search of her person revealed a transparent plastic bag hidden inside her brassiere.

The bag was subsequently analysed and found to contain the drugs which is the subject matter of the charge.

She was arrested for trafficking in a dangerous drug and under caution, the defendant said she was delivering it for a reward of $1,000. The dangerous drugs has an estimated retail value of HK$11,688 at the time of seizure.

The defendant is aged 38, and has a previous conviction in 2000 for trafficking in a dangerous drug, for which she was sentenced to 5 years’ imprisonment. Then in 2005, she was sentenced to 4 months’ imprisonment for possession of dangerous drugs.

The last two convictions were for something quite different, which was for perversion of the course of public justice and resisting a police officer.

The defendant has led a very self-indulgent life after school, and has worked in many jobs. I say self-indulgent, because, despite the fact that she is the mother of three infants born to different men, she also persisted in her abuse of drugs.

As Mr Suen pointed out, when she was taken into custody, and her urine was examined, she tested positive for amphetamine.

I have a letter from the defendant’s mother testifying to the fact that she considers her daughter to be a filial daughter. And the mother is very forgiving and urges this court to treat her daughter with leniency.

However, in this case, there is no mitigating factors that I can see, apart from the fact that the defendant has pleaded guilty at an early stage, and thus saving the court’s time.

I am sure the defendant is well-aware from her previous experience in these courts that the sentencing tariff for trafficking in “Ice” comes from the case of AG v Ching Kwok Hung [1991], where it was suggested that for trafficking between 10 to 70 grammes of “Ice” or methamphetamine hydrochloride, the suggested sentence would be between 7 to 11 years’ imprisonment after trial.

Here, taking into account the facts of the case, the background of the defendant, I consider that an appropriate starting point would be one of 8 and a half years. And considering that the defendant has pleaded guilty at an early stage, or indicated a plea at an early stage, I am prepared to give her the full one-third off, and that would reduce the sentence to 5 years and 8 months. The defendant will go prison for 5 years and 8 months.