HKSAR v. Mak Wai Ying

HCCC 429/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 429 OF 2016

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

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COURT: The defendant pleaded guilty before a magistrate of one charge of trafficking in a dangerous drug and was committed to the Court of First Instance for sentence. In sentencing, I have considered the whole circumstances of the case including its nature and facts, in particular, the type and quantity of the dangerous drug involved, background of the defendant and mitigation put forward on her behalf.

The facts of the case may be summarised as follows. The defendant was stopped on the street, she was carrying a recycle bag. Inside the recycle bag were two plastic bags, each containing ‘Ice’. The total quantity was 24.4 grammes of a crystalline solid containing 23.4 grammes of methamphetamine hydrochloride. Under caution, she said she was told to bring the drug to a customer.

In a subsequent interview, she said she had picked up the dangerous drug from a flowerbed. She was to deliver it to a buyer who would pay her $7,000. She was intercepted before the buyer showed up. She was to receive a reward of $500 which she had not yet received.

I was told that the defendant is 19 years old. She had only received education up to Form 1 and was working as a part-time saleslady at the time of the offence. She is single and was living with her mother at a public housing flat. The defendant did not have any criminal conviction record. A Superintendent Discretion was exercised on her last year for an offence of criminal damage.

Learned counsel for the defence, Mr Kwong, urged the court to take into account that the defendant is remorseful and that she had pleaded guilty at the earliest opportunity. Family members of the defendant are supportive. Her parents and uncle are present in court to show support.

Seven letters were produced in support of mitigation. In her own letter, the defendant said she engaged in drug abuse because of pressure of living. She committed this offence with a view to earn some quick money so that her mother, who has been suffering from ill health, can live better. She expresses her remorse and indicates that she would like to resume her studies and become a useful member of the society.

The defendant’s parents said that she is a filial child and trust that she is now remorseful. Her sister said the fact that the defendant was brought up by a single parent made her an easy prey for exploitation. Other mitigation letters were written by the uncle, aunt and employer of the defendant. All spoke well of the defendant and asked for leniency on her behalf.

It was held in HKSAR v Tam Yi Chun, CACC 524/2011, that in a case of trafficking in ‘Ice’, if the narcotic content was between 10 and 70 grammes, a sentence of 7 to 11 years’ imprisonment should be considered. In all the circumstances, I adopt a starting point of 7 years and 9 months.

The defendant pleaded guilty to this offence. She is entitled to a one-third discount.

The age of the defendant is 19 years. This is of course not extreme youth which may justify a lenient sentence. However, taking into account that she is still young and that this is her first conviction, I am prepared to give her 2 more months of discount as a gesture of encouragement for her turning over a new leaf.

For the above-said reasons, I sentence you to an imprisonment term of 5 years.