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DCCC 890/2013
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 890 OF 2013
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| Date: |
13th November 2013 at 11:41 am |
| Present: |
Mr Vincent LEE, Public Prosecutor, of the Department of Justice, for HKSAR |
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Mr Edward TANG Ho Ming, instructed by M/s Y.T. Szeto & Co for Defendant |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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Reasons for Sentence
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Charge and facts
1. The defendant pleads guilty to a charge of trafficking. In the afternoon on 7 July 2013, the police intercepted her for a search on Pei Ho Street, Sham Shui Po. In her shoulder bag were found 3 bags of drugs, ie 11.8 g of a crystalline solid containing 11.5 g of methamphetamine hydrochloride (“Ice”), 2 empty transparent plastic bags and an electronic scale. After arrest and caution, she admitted assisting someone to deliver the Ice.
2. The estimated street value of the drug was $6,500.
Personal background and mitigation
3. The defendant is 32 years of age. She had no record for drug trafficking. She was educated up to F.5 level. She worked as a part-time barmaid at the time of arrest.
4. Her counsel has cited the case of HKSAR v Guo Lin (郭蓮) CACC 444/2012 which involved 11.26 g of ice seized in a stop-and-search. The Court of Appeal reduced the starting point from 7 years and 3 months to 7 years.
5. The Court of Appeal has stated that trafficking in up to 10 g of Ice shall warrant 3 – 7 years' imprisonment as the starting point. For 10 – 70 g, the starting point shall be 7 – 10 years (AG v Ching Kwok-hung [1991] 2 HKLR 125, HKSAR v Capitania [2004] HKCU 926).
Sentencing this defendant
6. I take a starting point of 7 years. I give a one-third discount for her plea of guilty. She has no other mitigating factors. Her sentence is 4 years and 8 months.
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( E. Yip )
District Judge |
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