HKSAR v. YIP YUE SUM

DCCC 612/2018

[2019] HKDC 427

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 612 OF 2018

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REASONS FOR SENTENCE

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1.  Defendant Ms Yip Yue Sum pleaded guilty before me to one charge of Trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. Particulars are that she, on 22 April 2018, at 7^th Floor, No 11 Nelson Street, Mong Kok, Kowloon, in Hong Kong, unlawfully trafficked in a dangerous drug, namely 6.42 grammes of a crystalline solid containing 6.26 grammes of methamphetamine hydrochloride.

2.  The facts admitted by Ms Yip may be summarized as follows.

3.  On 22 April 2018, at about half-past-two in the afternoon, outside Room C5 on 7/F of the offence location, upon seeing a police constable, Ms Yip acted suspiciously.  She was stopped and searched.  From inside her brown shoulder bag was found a plastic bag wrapped in tissue paper containing 6.42 grammes of a crystalline solid containing 6.26 grammes of methamphetamine hydrochloride.

4.  Upon arrest and caution, Ms Yip said that the drug was for self-consumption.

5.  She also had cash of $32 on her person.

6.  The estimated street value of the drug seized was $4,455.48.

7.  In a later cautioned interview, Ms Yip said that:-

(a) She was unemployed;

(b) On the night of 21 April, in Tsuen Wan, she met a male “Ah Tung” at a bar who gave her the drug for free; and

(c) She forgot the name of the bar; she met Ah Tung for the first time that night whose contact details she did not have.

8.  Ms Yip now admits that she had all of the drug for the purpose of unlawful trafficking.

Criminal record

9.  The agreed criminal record shows that Ms Yip has 5 previous convictions all of which were drug related.  The two for which she was sentenced to 4 years 8 months’ imprisonment on the last occasion in 2013 were for trafficking in dangerous drugs and keeping a divan.

Antecedents

10.  The antecedents statement is agreed.  Ms Yip is aged 39 (38 at the time of the offence).  She was born in Hong Kong and attained secondary 3 education level.  She was unemployed before arrest.  She is single and has no fixed place of abode.

Mitigation

11.  Mr Kenneth Lee of solicitor assigned by the Director of Legal Aid mitigated on Ms Yip’s behalf.

12.  Ms Yip had previously worked on a casual basis as a promoter earning $500 for 8 hours.  She has been estranged from her parents and has lost touch with her siblings for many years.  She became addicted to ICE since 17 after mixing with bad peers.

13.  She had been in a desperate financial situation because of insufficient work; so she turned to becoming a courier of drug for a meagre remuneration. The explanation she gave the police was not the truth.

14.  After she was last released from prison in June 2016, she tried to quit drug.  However, because of financial pressure and continued association with undesirable peers, she resorted to drugs again.

15.  Ms Yip is deeply remorseful and pleaded guilty at an early stage.  She is determined to turn over a new leaf.

16.  Mr Lee relies on the sentencing guidelines as set out in HKSAR v Tam Yi Chun [2014] 3 HKLRD 691 (a copy was handed up by the prosecution before mitigation began) and suggested a starting point of 5 years 3 months.

17.  When asked by the court how he would address the possibly aggravating factor of Ms Yip having a bad similar record, Mr Lee simply asked for a lenient sentence.

Sentence

18.  I have considered the mitigation submissions made by Mr Kenneth Lee.

19.  Trafficking in a dangerous drug is a serious offence.

20.  According to the tariffs set down in HKSAR v Tam Yi Chun [2014] 3 HKLRD 691, for trafficking in an amount of ICE of up to 10 grammes, the tariff sentence is 3 to 7 years’ imprisonment.  For Ms Yip’s possession of 6.26 grammes of ICE for the purpose of trafficking, I will adopt an initial starting point of 5 years 3 months.

21.  Ms Yip has two previous convictions for possession of a dangerous drug and one previous conviction for possession of instrument for taking a dangerous drug spanning between 1997 (when she was 17) and 2012 (when she was 32), aside from the trafficking and the divan keeping convictions in 2013 to which I have averred earlier.

22.  Given that only 5 convictions were accumulated during this lengthy period of 16 years, I have decided to give Ms Yip another chance.  I will exercise my discretion not to enhance the starting point on the basis of her bad similar record.  The initial starting point will become the final starting point.

23.  Because of her early plea of guilty, I shall give her the 1/3 discount in sentence.  There are no other mitigating factors of sufficient weight to warrant a further discount.

(Ms Yip, please stand)

24.  Ms Yip will therefore go to prison for 42 months or 3½ years.