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HCCC 476/2014
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 476 OF 2014
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| Date: |
27 January 2015 at 10.25 am |
| Present: |
Mr Lenny S T Cheng, Acting SPP of the Department of Justice, for HKSAR |
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Mr David R Boyton, instructed by S H Chan & Co, assigned by the Director of Legal Aid, for the accused |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The defendant 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 a magistrate and was committed to the Court of First Instance of the High Court for sentence.
The facts disclosed that on 22 May 2014 a team of police officers were conducting an operation in the vicinity of Ka Tin Court at Hin Tin Street, Sha Tin.
The defendant was seen to approach Ka Yee House in a furtive manner and she was intercepted by the police. A search of a pink plastic bag carried by the defendant revealed eight transparent resealable bags containing what was later confirmed to be 1.99 kilogrammes of a powder containing 1.64 kilogrammes of ketamine.
The defendant was cautioned and she admitted she knew the substance inside the transparent resealable bags were “K Chai”, and she was helping someone to bring the “K Chai” home to repack for a reward of $1,000 a day. She also said she was short of money.
The police found two mobile phones, one Octopus card and cash of $214.90 in her possession. The defendant was brought to her home at Room 1302 of Ka Yee House for a search. The police found a black rucksack inside a wardrobe inside her bedroom. Inside the rucksack the police found a strip heater, a set of electronic scales, one plastic spoon, a pair of surgical gloves and one pack of resealable transparent plastic bags.
Under caution, the defendant admitted all these items were for the purpose of “Fa’ K Chai”. The defendant later took part in a video-recorded interview. She related how a man she met, an unknown man she met, asked her whether she wanted to make quick money. She said, “Yes” and she gave that man her mobile phone number.
On the day of the offence, the man called her on her mobile phone and asked her to pick up the dangerous drug from a rubbish bin. She was told to bring the drugs home and to await further instructions. She was arrested by the police on her way home. She said those items found inside her rucksack were bought by her earlier for the purpose of packing the dangerous drug.
The estimated street value of dangerous drug seized was $242,780.
The defendant is 21 years of age, had three previous convictions but not drug-related - one was for theft and the other two were for assault occasioning actual bodily harm. She was put on probation for all these offences.
The defendant studied up to Form 6 level and she was unemployed at the time of the offence. She had worked as a bar-tender and she is not a drug addict.
In mitigation, Mr Boyton asked me to treat the defendant as one with a clear record as the theft happened when she was 14, and the assaults took place while she was in school.
Mr Boyton also informed me that the defendant borrowed $100,000 from her father to start a small business selling food. Unfortunately, the business failed and the family is in financial difficulties. Mr Boyton submitted that the defendant admitted her guilt at the earliest stage and asked me to adopt as low a starting point as possible in view of her relatively young age.
Trafficking in a dangerous drug is a serious offence. A person convicted on indictment is liable to a fine of $5 million and to life imprisonment.
For the trafficking of ketamine, the Court of Appeal has set down the sentencing guidelines in the case of Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1. Trafficking in 1.64 kilogrammes, that is 1,640 grammes of ketamine, calls for a starting point from 14 years upwards.
On the authority of the case of Sin Chung Kin [2013] 1 HKLRD 627, trafficking up to 2 kilogrammes - 2,000 grammes - will call for a starting point between 14 to 18 years.
In deciding the appropriate starting point, I take into account the circumstances of the offence, the role played by the defendant and, of course, the quantity involved.
Although the defendant had three previous convictions for the purpose of sentence, I will treat her as if she is one without any previous conviction. I also take into account her relatively young age.
I am of the view that a proper starting point is one of 15 years - one-five. The defendant was cooperative when apprehended, and pleaded guilty at the first available opportunity. I will give her the full one-third discount.
For the offence of trafficking in a dangerous drug, the defendant is sentenced to 10 years’ imprisonment.
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