HKSAR v. Chan Shun Hing

HCCC134/2018

[2018] HKCFI 1870

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 134 OF 2018

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

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COURT:

The defendant has pleaded guilty in the Magistrates Court to one count of trafficking in a dangerous drug, namely 40.4 grammes of crystalline solid containing 38.7 grammes of methamphetamine hydrochloride.

It was on the evening of 18 May 2017, the defendant was in a video game arcade in Sai Yeung Choi Street when she was stopped by police officers.

Upon the search, four packets of suspected ‘Ice’, which after government chemist analysis became the subject matter of the charge, were found tucked inside her brassier near her chest.

Under caution, the defendant had nothing to say and in her possession were two mobile phones and cash of about $2,500.

She claimed that she went to the video games arcade for playing games in the subsequent video-recorded interview and that she is a CSSA claimant and that she had picked up the ‘Ice’ near a rubbish bin near a market in Mong Kok.

The ‘Ice’ was valued at around that time of about HK$11,068.

The defendant is aged 51 and has had some six previous convictions and four for dangerous drugs, but this is the first time she is been convicted of trafficking.

In mitigation, Mr Khosa has said out everything that could possibly be said on her behalf. Admittedly, her background since a young age was sad and tragic as have been related by Mr Khosa, she and her mother had a hard life. She started working when she was very young. She finished school in Primary 6 then started working in a factory and then eventually became a waitress. However, this would have made more impact if the defendant was not 51 years old, but 21. The defendant has had a taste of being arrested prior to this and has been appeared in Magistrates Court for her different drug related offences, so she knows what to expect.

Mr Kosha says that because of a tennis elbow problem, she had to stop working as a waitress in 2015 and then went on CSSA of $4100 a month. Mr Kosha submitted that the defendant claimed that half of the amount found on her was for her own consumption while the other half she was going to sell to friends. Taking into account the fact that she is a CSSA recipient, she was not at home, although the drugs, half of it she claim was for her own consumption but in a video games arcade, I said to Mr Kosha that he can call evidence if he wishes to pursue the fact that she had kept half the amount for her own consumption.

That invitation was declined and I made clear to Mr Kosha that without evidence, I will, of course, take into account that her urine test tested positive for traces of drugs and that I will accept that she is a drug addict but that I will only make a small discount to take into account the fact that as with all addicts, they may tend to skim off a little amount for their own consumption.

The letters that were produced from the defendant herself and from her mother is of comfort in that with the help of her mother, perhaps the defendant has finally learnt her lesson and that she will, as she said in her letter, turn over a new leaf once she served her sentence.

The Court of Appeal has recommended in the case of HKSAR v Tam Yi Chun[2014]3 HKLRD 691 that for trafficking in between 10 to 70 grammes of methamphetamine hydrochloride would merit a starting point sentence of 7 to 11 years.

Although this is a first time for the defendant for trafficking, this is not her first time for possession of dangerous drugs. For 38.7 grammes of methamphetamine hydrochloride, I would adopt a starting point sentence of between 8 to 8 and a half years. And in this case, it is a first time for a trafficking, I would adopt the lower starting point of 8 years. And then I would deduct 6 months for her self-consumption, reducing it to 7½ years.

And then giving her one-third off will reduce the sentence to one of 5 years’ imprisonment.