HKSAR v. Chan Ying Lung, Josephine

HCCC 45/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 45 OF 2017

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

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COURT: The defendant was arrested on 6 June 2016, when she was aged 40, after she was seen getting out of a taxi on the Cheung Wah Estate in Fanling. In her handbag, the police found 124 grammes of a crystalline solid containing 117 grammes of methamphetamine hydrochloride. She claimed this was for her personal consumption. However, the defendant pleaded guilty to the charge of trafficking when she appeared at Eastern Magistrates Court on 13 February this year. She has confirmed her plea today.

The value of the drugs in this case was estimated to be just over $42,000. The defendant said she had paid $10,000 for them.

Adopting the guidelines in HKSAR v Tam Yi Chun [2014] 4 HKC 256, this case falls within the sentencing bracket of 11 to 15 years’ imprisonment for 70 to 300 grammes of ‘Ice’. The starting point for this amount of ‘Ice’ would, in usual circumstances, be 11 years and 9 months’ imprisonment; that is to say, after a contested trial.

I am going to give you full credit for your plea of guilty and that would usually bring your sentence down to 7 years and 10 months.

I accept what your counsel has said, that you were an ‘Ice’ addict at the time and used ‘Ice’ yourself. No doubt some of the ‘Ice’ was for your own consumption and in any event, in order to make sure that justice is done here, I propose to reduce your sentence to 7 years and 6 months. 7½ years is your sentence.