HKSAR v. YEUNG WAI PING

 DCCC38/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 38 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a single charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134, Laws of Hong Kong.

2.  The brief facts which you have agreed quite simply indicate that late in the evening of 19 June of last year, a party of police observed you alighting from a taxi outside Zenith Tower, Wanchai, acting suspiciously.

3.  You were intercepted and searched, and from your handbag the drugs, being the subject matter of the charge, were discovered.

4.  In a subsequent interview with the police, you admitted that you bought the drugs for a total price of $10,250 and you intended to sell them making a profit for yourself of some $2,000.

5.  You are 48 years of age, a drug addict with a number of previous convictions for drug-related offences, the last being in October of 2009 when you were sent to a Drug Addiction Treatment Centre.

6.  You are a divorced lady who I am told have been cohabiting with another man by whom you have two children aged 13 and 12.

7.  The only real mitigation in this case is your plea of guilty, which is a reflection of your remorse, and I will give you full credit for that, which will be reflected in my sentence.

8.  The sentencing guidelines for trafficking in quantities of heroin and cocaine are the same, and in this case the total quantity of narcotic involved is 8.42 grammes, which puts you toward the higher end of the 2 to 5 year bracket.

9.  I adopt as my starting point a sentence of 4 years’ imprisonment.

10.  I will discount this by one-third to take account of your plea of guilty, coming to a sentence of 2 years 8 months’ imprisonment.