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HCCC 521/2014
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 521 OF 2014
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HKSAR |
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BI Dongmei |
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| Date: |
9 February 2015 at 9.44 am |
| Present: |
Miss Grace Chan, SPP of the Department of Justice, for HKSAR |
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Mr Ching Wan-fung, instructed by Fung, Law & Ng, 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 pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.
She was intercepted by Customs on her arrival at Lok Ma Chau Control Point. It was found that she had concealed drugs inside a condom placed in her vagina.
Under caution, she admitted the substance was 'Ice' and she was given $3,000 to carry it and deliver it to Prince Edward in Hong Kong. She claimed that she had already received 1,000 renminbi out of the promised reward.
Upon analysis, the drugs were found to be 49.58 grammes of a crystalline solid containing 49.22 grammes of methamphetamine hydrochloride with an estimated retail value of around HK$21,000.
The defendant is now aged 42. She has a clear record in Hong Kong. She lives in China and is a two-way permit holder. She has a son aged 6, residing with her mother.
By way of mitigation, I am told that the defendant used to work in a sales business but because of an acute spine illness which caused her to undergo a six-hour operation, she lost her job thereafter and turned to drugs, under the influence of her peers, which led her to the commission of the present offence.
Counsel told me that she is now remorseful and whilst being incarcerated, she had acquired Christian faith and had reflected deeply upon herself. She hopes for a lenient sentence which would enable her to reunite with her mother and son as soon as possible.
In sentencing the defendant I have taken into account the facts of the present case, the drugs involved, the defendant’s guilty plea and mitigation forwarded. I have also perused her handwritten letter of mitigation.
Trafficking in the amount of 'Ice' in the present case falls within the bracket of 10 to 70 grammes, attracting a starting point between 7 to 11 years according to the tariff recast in Tam Yi Chun’s case.
I have also considered the cross-border factor. According to the case of Chung Ping Kwan, for up to 250 grammes of 'Ice', the level of enhancement is in the region of 6 months.
I consider a starting point of 8½ years enhanced to 9 years as the appropriate sentence after trial. She is entitled to the full one-third discount for her guilty plea and is sentenced to 6 years’ imprisonment.
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