HKSAR v. Lai Yuet Foon

HCCC 12/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 12 OF 2015

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

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COURT: The defendant pleaded to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. The defendant was intercepted at the Customs Arrival Hall at Lok Ma Chau Control Point and upon a search a packet of ketamine was found in her handbag. Under caution she denied knowledge of the drugs. Upon analysis, the drugs were found to be 0.55 kilogrammes of a powder containing 0.48 kilogrammes of ketamine.

The retail value of the drugs was in the region of $69,000.

By way of mitigation, I was told that the defendant is now aged 30. She has one previous unrelated record dating back 10 years ago. For the purpose of sentencing, I should treat her as a person with a clear record.

Counsel told me that the defendant has a miserable childhood. Her mother committed suicide shortly after her birth, and she was brought up in a children’s home. Her marriage ended with her husband’s involvement in extra-marital relationship and eventual disappearance and she came to meet this “Ah San” and started dating. He lured her into becoming a drug abuser and it was he who led her into committing the present offence by giving her this packet of drugs to place in her handbag when crossing the border returning to Hong Kong from Shenzhen.

She stressed that she did not commit the present offence out of monetary greed but out of misguided loyalty and faithfulness to Ah San. It was further advanced that Ah San had promised to give her some of the drugs for her consumption in return for her agreeing to carry the drugs to Hong Kong.

Counsel urged me to take into account the defendant’s guilty plea and that she has enrolled herself in a course of psychology whilst in remand to better equip herself with a view to turnover a new leaf. And her genuine remorse is reflected in her handwritten letter.

In sentencing the defendant, I have take into account the nature of the offence, the kind of drugs involved and the sentencing tariff as well as her guilty plea and mitigation forwarded by counsel and those contained in her handwritten letter.

For trafficking in ketamine weighing between 300 to 600 grammes, a starting point of 9 to 12 years is to be adopted. This case has a cross-border or international element which is an aggravating feature. Taking into account the cross-border factor and the amount of drugs involved in the present case, I adopt an overall starting point of 10½ years.

As to the claim that she would be given a portion of the drugs for her consumption as a reward, I do not find the evidence revealed any discernible portion sufficiently significant for me to give a discount on that. I do not find that there exists any other mitigating factors. I shall give her the full one-third discount for her plea of guilty and she is sentenced to 7 years’ imprisonment.