I will set out the relevant facts. At about 0625 hours on 17 April 2013, Customs Officers intercepted the defendant at the Green Channel of the Customs Arrival Hall, Lok Ma Chau Control Point, on her arrival from the mainland. The defendant was searched and a bunch of cling wrap and an open tea packet were found in her handbag. Inside the cling wrap were two plastic bags each containing a suspected dangerous drug and the tea packet contained another plastic packet of a suspected dangerous drug.
When asked what the substances were the defendant replied that “these are cold stuff”. The defendant was arrested and cautioned. Under caution she said that she was bringing the “Ice” here for a wage of $1,000. Her husband had died early and she got injured at work. There was no alternative but to do it.
When asked what was “Ice” the defendant replied that it is a drug. When asked where it was to be delivered the defendant said that it was to Long Ping Estate, Yuen Long and she was to call Ah Man. The defendant also provided Ah Man’s telephone number to Customers Officers.
The defendant agreed to co-operate with Customs to do a controlled delivery operation. Unfortunately, the controlled delivery that was mounted was unsuccessful.
A video-recorded interview was taken from the defendant. Under caution the defendant admitted, inter alia, that she went to the mainland at 11.00 pm on the day before and arrived in Hong Kong via Lok Ma Chau at about 6.30 am on 17 April 2013.
The drugs were obtained from the mainland and she was to deliver them to a man called Ah Man. She would receive a reward of $1,000. She had placed the drugs in her handbag. This was the first time she had carried drugs for others.
The suspected dangerous drugs seized were examined and found to be a total of 108.6 grammes of a crystalline sold containing 105 grammes of methamphetamine hydrochloride, commonly known as “Ice”.
The Immigration record shows the defendant’s departure from Hong Kong on 16 April 2013 at 23.34 hours and her departure from the mainland for Hong Kong on 17 April 2013 at 0627 hours.
The market retail value of the dangerous drugs was estimated at HK$82,753.20.
According to the Attorney General v Ching Kwok Hung [1991] 2 HKC 125, for trafficking in 70 to 300 grammes of methamphetamine, the sentence should be 10 to 14 years’ imprisonment.
For the present case the single count involves 105 grammes of “Ice”.The normal starting point should be around 11 years’ imprisonment. But through counsel the defendant says now that a small quantity, that is the packet contained in the tea bag, which is one of 8.79 grammes, was for her own consumption. That, after looking at the available evidence I accept, but the starting point, the normal starting point is still about 10½ years especially when taking into account the fact that the defendant imported the drug from the mainland.
On the other hand, I think credit should be given to the defendant for not only readily admitting the offence after the drugs were found by the Customs officers, but also for being very co-operative and taking part in a controlled delivery operation, albeit unfruitful.
Mr Chan for the defendant has referred me to HKSAR v Jardin Rodela Maningas (CACC 278/2011), the date of judgment is 29 May 2012, unreported, in support of the mitigation resulting from the assistance given in a controlled delivery.
Apart from that, there is no other mitigating factor because in such a serious offence as trafficking in dangerous drugs, personal circumstances matter little.
The defendant has 10 previous convictions mainly involving theft but one was for possession of a dangerous drug. The last conviction was recorded in 2002, over a decade ago. I do not take those old convictions against her.
All in all, I think a very lenient starting point would be 9 years’ imprisonment. The defendant is, however, entitled to a one-third discount for her guilty plea. In the result, she should go to gaol for 6 years and this is the sentence I pass on her.