HKSAR v. CHAN CHUN YIN

 DCCC671/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 671 OF 2009

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Reasons for Sentence

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1.  The defendant, Chan Chun-yin, pleaded guilty before me to one charge of trafficking in a dangerous drug.

2.  It is admitted that on 24 February 2009, outside No. 55, Wan Chai Road, Wan Chai, she unlawfully trafficking in a dangerous drug, namely 9.7 grammes of a mixture containing 8.84 grammes of heroin hydrochloride.

3.  In the earning morning of 24 February 2009, police officers were conducting an anti-dangerous drugs patrol in Wan Chai. A woman police constable spotted the defendant acting furtively outside No. 55 Wan Chai Road at around 5.38 am. The WPC intercepted the defendant and conducted a search on her.

4.  Upon search, the WPC found one plastic bag with a number of yellow straws containing suspected dangerous drugs, i.e., Exhibit P1, inside the pocket of the jacket worn by the defendant. She arrested the defendant and administered a caution on her. Under caution, the defendant admitted that she was carrying P1 for somebody for $300.

5.  At a subsequent cautioned written interview, the defendant admitted that P1 was heroin. She was asked by someone to carry P1 with her and deliver the same to an unknown male in Wan Chai Road.

6.  P1 was examined by the Government Chemist, who certified that it contained a total of 9.7 grammes of a mixture containing 8.84 grammes of heroin hydrochloride.

7.  The criminal record summary of the defendant reveals that the defendant’s previous convictions dated back as early as 1970. She had many previous convictions recorded against her. She had been on many occasions convicted of possession of dangerous drugs. She had been also convicted twice for trafficking in dangerous drugs.

8.  Miss Yip in mitigation told me that the defendant has been cohabiting with a man for many years though they are not formally married. They have four children, three daughters and one son. They have all grown up and are living apart. The defendant is not living with her boyfriend any more.

9.  The defendant has an elderly mother who is in her 80s and the defendant’s mother is being taken care of by the defendant’s siblings. She maintains a close relationship with her mother.

10.  Miss Yip told me that the defendant is on Social Welfare Assistance. The children of the defendant would only give her some tea money on occasions. As they have families of their own, they cannot support the defendant financially.

11.  The defendant became a drug addict at around 1968 but she is no longer a drug addict and she is on methadone treatment.

12.  The defendant has many illnesses and she has to go in and out of hospital on a frequent basis. The frequent visits to hospital cost the defendant a lot of transportation fees and because of the financial burden, the defendant committed the offence to earn some transportation fees. The defendant is suffering from poor health.

13.  In light of the mitigation, I called for a medical report before sentence.

14.  The medical report of the defendant sets out the medical history of the defendant.

15.  The medical report shows that the defendant suffers from shortness of breath and persistent coughing. She was admitted to hospital for treatment of the medical problem plus symptoms of drug withdrawal. She has a history of deep vein thrombosis; she has extensive scarring and contracture of buttock and thigh muscles with chronic abscesses pending for surgical treatment in Queen Elizabeth Hospital; and there was a history of peptic ulcer with complications of perforations and bleeding.

16.  The defendant also suffers from chronic bronchitis. Her condition did not improve on treatment in the hospital and she was sent for patient care in Queen Elizabeth Hospital through A & E Department on 7 November 2009. She was admitted for treatment for acute exacerbation of chronic obstructive airways disease for several days and was discharged back through TLCW on 11 November.

17.  Before sentence, I have considered carefully the contents of the medical report prepared by Dr Ho of Tai Lam Centre for Women.

18.  This morning, Miss Yip told me also that the defendant has difficulty in walking but she was not provided with any walking stick or wheelchair during her remand. She submits the medical condition of the defendant has caused her certain hardship and she asked me to bear that in mind.

19.  In sentencing the defendant, I have considered the quantity and nature of the drugs involved, the facts of the case, the background of the defendant and all the matters urged on the defendant’s behalf by Miss Yip.

20.  This case concerned 8.84 grammes of heroin hydrochloride. Applying the tariff as set down in Lau Tak Ming, in my judgment, a starting point of 4½ years’ imprisonment is appropriate.

21.  The defendant pleaded guilty to the charge, she is entitled to a one-third reduction. That will bring the sentence down to 3 years.

22.  In light of the medical condition of the defendant, as revealed by the medical report, I am prepared to give the defendant an additional 6 months’ reduction.

23.  Apart from the guilty plea and the medical condition of the defendant, I can see no other mitigating factors.

24.  Obviously the defendant is a person who is tormented by her drug addiction for decades. She has no excuse to engage herself in drug trafficking activities. She has no excuse to do it for gain. She has no excuse to do it to earn the so-called transportation fees.

25.  For the reasons given, I sentence the defendant to 2½ years’ imprisonment.