HKSAR v. Fan Man Ting

DCCC 816/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 816 OF 2016

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Reasons for Sentence

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1.The Defendant pleads guilty to a charge of drug trafficking.

2.In the early hours on 11 July 2016, the police intercepted the Defendant for a search in Shan King Estate, Tuen Mun.  There was a cardholder in her handbag which contained a bag of methamphetamine hydrochloride (“ICE”), of narcotic weight 12.1 grammes.  She told the police that she helped someone to deliver the ICE to Shan King Estate. 

3.Much of her personal circumstances have been explored in her Background Report.  She is 28 years of age, of secondary education level.  She has a clear record.  The separation of her parents, with her father leaving home, since her childhood had rendered the whole family, including her younger brother, emotionally broken and withdrawn.  There appear to be some improvements in family relationship as a result of her efforts in writing over a hundred letters to her parents since her arrest and remand in custody 10 months ago.  She had been unemployed for some years before the present offence.  She last worked as a clerk in a property agency until 2010. 

4.Her counsel informs me of her allegation of having given useful information to the police for the arrest of a trafficker of over 90 grammes of ICE.  I adjourn the case for the prosecution to make inquiries with the police.  The inquiries reveal that her allegation is unfounded.  

5.Traffickers of 10 grammes to 70 grammes of Ice shall see a starting point of 7 years' to 11 years’ imprisonment (HKSAR v Tam Yi Chun [2014] 3 HKLRD 691).  

6.I take a starting point of 7 years.  I give a one-third discount for her plea of guilty.  The sentence is 4 years and 8 months.