HKSAR v. Tang Hoi Shan

HCCC 231/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 231 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 to one charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

The defendant was intercepted by police officers while she exited a lift in a building in Mong Kok. It was found that she resided in a room on the 2nd floor and she was taken there for a search. One packet of drugs was found in her pocket whilst other packets were found in the rucksack that she carried at the time.

Upon analysis, the drugs were found to be 19.65 grammes of a crystalline solid containing 19.09 grammes of methamphetamine hydrochloride and 6.72 grammes of a solid containing 4.13 grammes of cocaine. Inside her rucksack were also two mobile phones, 35 transparent plastic bags, one electric scale and $3,860.60. These are paraphernalia consistent with trafficking.

The street value of the drugs seized was in the region of $13,000.

The defendant is now aged 39. She has one previous conviction dated back on 25 March 2010, for using a false instrument. She was sentenced to 10 months’ imprisonment. She was discharged on 12 October 2010.

By way of mitigation, I was told that the defendant, a mother to one son and one daughter, consumes drugs and was unable to find employment and so had to resort to trafficking to feed her own addiction. Whilst Mr Chan tried to urge me to consider that part of the drugs involved was for the defendant’s own consumption, he agreed that the case of Wong Suet Hau requires a significant and discernible portion, which the present case lacks.

The present case involved two types of drugs, namely 4.13 grammes of cocaine and 19.09 grammes of ‘Ice’. Individually speaking, the cocaine will fall into the 2 to 5 years’ starting point bracket whilst the ‘Ice’ will fall within the 10 to 70 grammes, that is 7 to 11 years’ bracket.

The total amount of drugs in the present case weighed 23.22 grammes. That is adding the ‘Ice’ and the cocaine weight together. Had they all been cocaine, they should attract a starting point of 6 years’ imprisonment. But had they all been ‘Ice’, they will still fall within the 10 to 70 grammes, that is 7 to 11 years’ bracket and attract a starting point of 95 months.

Since the predominant drug in the present case is the ‘Ice’ and the weight being more than four times of that of the cocaine, I adopt a starting point nearer to the case where all drugs are 'Ice'. I adopt a 90 months’ starting point.

I shall give her the full one-third discount for her guilty plea and she is sentenced to 60 months’ imprisonment. That is 5 years.