HKSAR v. PUN WING YU

HCCC 293/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 293 OF 2012

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: Defendant, you have pleaded guilty to a charge of trafficking in a dangerous drug contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, Laws of Hong Kong, the particulars being that you, on 7 March of last year in Hong Kong, unlawfully trafficked in 51.96 grammes of a crystalline solid containing 50.19 grammes of methamphetamine hydrochloride.

The Summary of Facts which you have agreed establish that on the date in question inside the AquaMarine car park in Sham Shing Road, Cheung Sha Wan, the police found you sitting in the rear seat of a private vehicle and you were carrying a handbag at the time.

Your handbag was searched inside which was found some of the drugs contained in separate packets and which formed part of the drugs being the subject matter of the charge. Indeed, the total quantity of drugs found in your handbag amounted to 41.96 grammes of “Ice” which you told the police you were about to convey to a friend for a delivery fee of some $500.

You were taken up to your premises at Flat B, 15th Floor, Block 1, AquaMarine, where a further quantity of “Ice”, some 8.23 grammes, together with drug paraphernalia were found.

You are 26 years of age, single, although cohabiting with your boyfriend and you have two young children aged 14 months and 3 months of age. The youngest child I am told was actually born whilst you were in custody and the children are presently being cared for by yourself whilst in prison.

You do have a number of previous convictions two of which are drug related for which you were sentenced to a Drug Addiction Treatment Centre order but this is your first offence for trafficking in dangerous drugs.

The sentencing guidelines for trafficking in “Ice” are to be found in Attorney General v Ching Kwok Hung [1991] 2 HKLR 125 and for quantities between 10 to 70 grammes the starting point on conviction after trial ranges between 7 to 10 years’ imprisonment.

In this case the court is dealing with a total quantity of 50.19 grammes of narcotic. Accordingly, I take 8½ years’ imprisonment as my starting point.

I will give you the full one-third discount in sentence to take account of your plea of guilty to this charge, arriving at a sentence of 5 years, 8 months’ imprisonment.