HKSAR v. Bi Xue-mei

HCCC 58/2018

[2018] HKCFI 2024

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 58 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, who is now 42 years old, pleaded guilty to trafficking in dangerous drugs on 12 February this year when she appeared at the Eastern Magistrates’ Court. She confirmed her plea and also the Summary of Facts in these proceedings on 30 May when the case was first listed in this court.

The facts could not be more brief. The defendant was intercepted at Hunghom Railway Station during the evening, on 13 April last year. She was found to be carrying three bags of dangerous drugs, two of which contained heroin hydrochloride weighing a total of 82.68 grammes in a mixture weighing 111.36 grammes. The value of that consignment which she had brought from the Mainland is in the order of $95,324.

She had one other bag containing 3.14 grammes of a crystalline solid containing 3.08 grammes of methamphetamine hydrochloride. The value of that drug, which is often referred to as “Ice”, was about $898.

The defendant was completely cooperative with the police and admitted what she had been asked to bring back from Guangzhou were these drugs. In return, she had been promised $3,000 to $4,000 as a reward.

Following her arrest, the defendant supplied a sample which proved positive for amphetamine, which gives support to the suggestion, and indeed I accept it, that the “Ice” that she brought in was intended for her own consumption. I can effectively ignore that aspect of this case.

There is no question that the defendant has had a sad and very unhappy life recently, which has no doubt led to her drug abuse. There is a criminal record, but it is very minor and I ignore it. She is going to receive full credit for her plea of guilty, but there does have to be some enhancement for the cross-border nature of this trafficking. Having said that, I am entirely satisfied that the defendant is remorseful about what she has done and I have read her letter, as well as the letter from the Christian Association.

As the defendant will have been advised, there are guidelines for sentence in this kind of case, provided by a case called Lau Tak Ming [1990] 2 HKLR 370. The sentencing tariff for between 50 and 200 grammes of heroin is within a bracket of 8 to 12 years’ imprisonment after trial. Ignoring the small amount of “Ice”, I consider that for 82.68 grammes of heroin, the starting point after trial of 8 years and 9 months would be justified. That should be enhanced by 3 months for the cross-border element involved in the offence.

Miss Bi, would you stand, please.

In the result, I have taken a starting point of 9 years’ imprisonment, which would have been the sentence if you had been convicted after a trial. As it is, you have been entirely cooperative throughout by admitting your involvement and pleading guilty. Giving you full credit for this, your sentence is 6 years’ imprisonment.