COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, namely 28.2 grammes of a crystalline solid containing 26.5 grammes of methamphetamine hydrochloride.
The facts show that on 31 May last year, about 11.30 pm, the defendant was intercepted by police officers in Mei Lam Estate, Sha Tin. Inside her handbag was found the drug which is the subject matter of the charge. She was arrested and cautioned and she freely admitted to the police officers that she was helping to deliver the drug for extra income.
Subsequently, in a video-recorded interview, she disclosed that she was expecting a reward of $200 for the delivery and that this was the first time she delivered drugs.
The dangerous drug seized has an estimated retail value of about HK$8,516 at the time of seizure.
The defendant is aged 48 and has three previous convictions, with one for possession of drugs in 2007. She had worked as a waitress and at the time of her arrest, she was receiving CSSA as she was suffering from mental illness since 2008. She has a son who lives in China with her mother.
Mr Surman has, in mitigation, said everything he could possibly say on behalf of the defendant. He explained a little more about the defendant’s background in that the defendant got married in Hong Kong but she was divorced because her husband abandoned her and her son. Her criminal record started around the time before she was actually properly diagnosed as having a mental problem. She was a drug addict at the time of her arrest as her urine test confirmed.
Mr Surman also pointed out that during her remand, the defendant has decided to turn over a new leaf and make something of herself. She has started studying English and learning a trade. It is good to know that the defendant will not be wasting her time in custody and that will be good news for both her son and her mother. However, the strongest mitigation in a case of this nature is really the fact of her early plea.
The Court of Appeal has laid down guidelines for sentencing in methamphetamine hydrochloride in the case of Ching Kwok Hung in 1991 and clarified in the case of Tam Yi Chun in 2014. For trafficking in between 10 to 70 grammes of methamphetamine hydrochloride, a starting point sentence of 7 to 11 years’ imprisonment after trial is recommended. In this case, it is 26.5 grammes so which would merit a starting point sentence of 7½ to 8 years’ imprisonment.
In view of all the matters that have been said in relation to this case, I would adopt a starting point of 7½ years. Giving the defendant the full one-third discount, that will reduce the sentence to 5 years. So the defendant will go to prison for 5 years.