HKSAR v. CHAN KA YIU

DCCC 938/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 938 OF 2012

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Reasons for Sentence

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1.  The defendant pleaded guilty to a charge of trafficking in 13.07 grammes of methamphetamine hydrochloride, otherwise known as ice. She also pleaded guilty to a charge of possession of 10 tablets containing 0.7 grammes of nimetazepam.

2.  The facts admitted by the defendant state that at 9.53 am on 22 July 2012 the defendant was intercepted by an officer in a games centre at the Ground Floor of 10 Po Wai Lane, Wong Tai Sin in Kowloon.  Her bag was searched and a sealed aluminium bag was found in her shoulder bag. At the time she claimed that it contained tea leaves and the officer put it back in the shoulder bag. 

3.  A further search revealed a plastic bag containing the 10 tablets, the subject of the 2nd Charge. She told the officer that she had been given them the night before.  She was taken back to the police station and it was then discovered that the aluminium bag contained the drugs the subject of the 1st Charge.  She refused to answer any questions when interviewed at the police station other than her verbal admissions.  

4.  The defendant has a clear record.  She is 27 years of age and notwithstanding the quantity of drugs, I adjourned the case on a previous occasion so that I could have the advantage of a report prepared by a probation officer.  I now have that report and it confirms much of what has been told in mitigation by her counsel.

5.  The defendant has had a very unfortunate and problematic upbringing.  She was the youngest of two children.  Her father later became addicted to heroin.  Due to inadequate parental care and supervision she manifested problems at the age of 12.  She mixed dubious peers and skipped classes.  She wore improper hair colour and slept in class.  She stayed away from home often until the late hours with her friends in discos and karaoke clubs.  She went missing from home and began taking dangerous drugs at that very early age. 

6.  Because of this behaviour she was made the subject of a care and protection order from two years in 1999 and she was sent to the Marycove School to study and to take boarding there.  After nine months she was discharged and sent back to live with her father.  She resumed schooling but dropped out in Form 2.  Her drug problems which, as I say, started when she was as young as 12 and started with her taking ice several times.  She stopped after admission to the Mary Ko School.  At around 17 she started to take ketamine twice or thrice a week and it lasted until she was around 21.  She claims she relapsed; she stopped taking the drugs at that stage and she started to take ice in 2011, the drugs being provided by her ex-boyfriend.  She claims that since September 2012 until the present time she has abstained from taking dangerous drugs. 

7.  Whilst on remand she has married and she said that her husband disapproves of her drug taking.  During this time she has had four children in 2001, 2002 and 2010 and 2012 and they were all by different fathers and they’ve all been adopted. 

8.  The defendant has supplied a number of letters to the court.  One of those is from the Society of Rehabilitation and Crime Prevention.  The author of that letter, the supervisor of the organisation, states that in her understanding the defendant has had some self-reflection on her current situation.  She is remorseful for her misdeeds and concerned that that has affected her marriage and it says that she is of the view that she is determined to change her behaviour.

9.  I have a letter from her husband confirming much of what has been said by counsel and asking for a lenient sentence.  I have also a letter from her mother asking for leniency.  At the time of the offence being committed the defendant was in employment earning $12,000 per month as a clerk.  Proof of that employment has been supplied to the court.  I have also been supplied with two statements made by the defendant which indicate that she is willing to assist the police in tracing persons connected with her drug taking habits.  Unfortunately the information supplied has been of limited value, however, I do accept that she has done this to emphasise to the court that she is remorseful about having been involved in these offences. 

10.  I also accept that some of the drugs were for her own consumption and that the rest of it was for the purposes of social trafficking rather than for sale and making profit.  This is underlined by the fact that she was in gainful employment at that time of her arrest. 

11.  The normal starting point for possession of this quantity of drugs is a sentence of between 7 and 10 years as the amount exceeds 10 grammes of ice.  Having taken into account all the mitigating factors urged upon the court and, particularly in view of the fact that some of the drugs were for her own consumption, I accept what has been urged upon me by the defence counsel and I take a starting point of 6½ years for this offence.  The defendant is entitled to credit for her guilty plea so that will be reduced to 4 years and 4 months’ imprisonment.

12.  As regards the 2nd Charge of possession I take a starting point of 3 months’ imprisonment, reduce that by one-third to 2 months’ imprisonment and order that it run concurrently.  So the total period will be 4 years and 4 months.