HKSAR v. Chan Pui Wa

HCCC 409/2017

[2018] HKCFI 828

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 409 OF 2017

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

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COURT:

On 6 November 2017, you pleaded guilty to an offence of trafficking in a dangerous drug before a magistrate at the Eastern Magistracy. Upon your plea of guilty, you were committed to the Court of First Instance for sentence.

On your plea, you admitted that on 13 March 2017, at Dundas Street, Yau Ma Tei, Kowloon, you unlawfully trafficked in 30.11 grammes of a crystalline solid containing 29.27 grammes of methamphetamine hydrochloride.

At about 2.20 am on 13 March 2017, you were one of two passengers in a taxi, which was stopped at a roadblock in Dundas Street, Yau Ma Tei. The officers observed you looking nervous and kept touching your chest. Upon inquiry, you admitted that you had placed dangerous drugs “Ice” in your chest and underpants. You were then brought to a police vehicle where you took out a total of three bags of “Ice” from your vest and your underpants.

Upon arrest and caution for trafficking, you told the officers that you were helping someone deliver the “Ice” to Jordan for $250. The other female passenger in the taxi had nothing to do with it. The three bags of “Ice” were the quantity as stated in the charge. The retail value of the “Ice” seized in March 2007 was $8,491.

Defendant, you are 22 years of age, and had obtained Form 3 level education. You have six previous convictions, of which three are related to trafficking in dangerous drugs.

I am informed by Mr Boyton that the reason for you committing this serious offence was because your father had just had an accident and you were trying to help him out.

You have written a letter to the court expressing your remorse for your misdeeds, and have informed me that you are now determined to turn a new leaf. You have had the support of your parents and the Christian fellowship, of which Ms Law has also submitted a letter from the Hong Kong Christian Kun Sun Association, supporting the fact that you have so far demonstrated that you will make changes in your life. Your father and uncle are here in court today to support you. You have already been upgrading yourself whilst in remand, and have been studying English courses and criminal psychology to help better prepare yourself for the future.

Mr Boyton has referred me to the correct guideline case for trafficking in the dangerous drugs “Ice”, which is that of Tam Yi Chun.

Your most significant and strongest mitigating factor is your early plea of guilty, for that warrants a one-third discount from the starting point. Had you been convicted after trial, the appropriate starting point for this quantity of “Ice” would be one of 8 years and 3 months of imprisonment. Giving you full credit for your plea of guilty, and reducing that term by one-third, you shall be sentenced to 5 years and 6 months’ imprisonment.