HKSAR v. CHUI YUET KWAN, ADY

DCCC 445/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 445 OF 2014

____________

____________

REASONS FOR SENTENCE

1.  The defendant stands convicted after trial of one charge of trafficking in 10.34 grammes of a crystalline solid containing 10.08 grammes of methamphetamine hydrochloride (“ice”), contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134 (charge 1). At the beginning of the trial the defendant pleaded guilty to a charge of possession of four plastic bags containing traces of ketamine, contrary to section 8 of the Dangerous Drugs Ordinance (charge 2).

2.  Full particulars of the offences are set out in my verdict delivered earlier today. In summary at around 3:38 p.m. on the 20 February this year the police intercepted the defendant outside an amusement game centre at No.2 Marsh Road in Wanchai.  The defendant was found in possession of two re-sealable plastic bags each containing ice and one empty re-sealable plastic bag containing eleven smaller empty re-sealable plastic bags.  In the evening the defendant was taken to her home where the police found four plastic bags each containing traces of ketamine the subject of charge 2. 

3.  In passing sentence I have carefully considered everything said on behalf of the defendant by Mr Woon.  I have read all the letters written by the family members. I take into account the donations made to World Vision.  I also take into account that the defendant was last before the court over 14 years ago and has no convictions for drug offences.

4.  In HKSAR v Tam Yi Chun [2014] 3 HKLRD 691 the Court of Appeal recast the sentencing guidelines for trafficking in ice.  The starting point after trial is between 3 and 7 years imprisonment where the quantity of narcotic is up to 10 grammes and between 7 and 11 years where the quantity of narcotic is between 10 and 70 grammes. 

5.  I am satisfied the proper starting point after trial for 10.08 grammes of ice is 7 years imprisonment.  Taking into account the defendant has no previous convictions for drug offences together with the donations made to World Vision I reduce the sentence by 3 months imprisonment. The defendant is sentenced to 6 years and 9 months imprisonment. 

Possession of ketamine

6.  Taking into account that only traces of ketamine were found I am satisfied the proper starting point after trial is 3 months imprisonment.  Full credit given for the plea of guilty the defendant is sentenced to 2 months imprisonment. 

7.  Although this is a different drug to the trafficking charge thereby warranting a consecutive sentence I am satisfied, considering that only traces were found and totality of sentence, that a concurrent sentence is appropriate.