HKSAR v. Ho Ching Man

HCCC 230/2018

[2019] HKCFI 290

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 230 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 in the Magistrate’s Court to one count of trafficking in a dangerous drug, namely 83.90 grammes of a crystalline solid containing 83.90 grammes of methamphetamine hydrochloride, 5.72 grammes of a solid containing 4.66 grammes of cocaine and 0.52 gramme of a solid containing 0.24 gramme of ketamine.

The facts are nothing unusual. The defendant was intercepted and searched in Shanghai Street, Yau Ma Tei and in her left hand were the following items.

There was a wallet containing a piece of tissue paper wrapping two plastic bags containing some cocaine. There was a tissue paper wrapping two plastic bags containing some methamphetamine hydrochloride and there was a reusable shopping bag containing nine plastic bags containing methamphetamine hydrochloride and there was another seven plastic bags containing a mixture containing cocaine and 20 plastic bags containing cocaine, and finally from her bra, she took out a piece of tissue paper wrapping the ketamine which is the subject matter, one of the drugs found in the or elicited in the charge.

Under caution, she admitted that she was delivering the “Ice” and “Coke” to other people and earning a thousand dollars each time. She had cash of $11,477.40 on her.

The defendant’s residence was searched and no drug consumption paraphernalia was found. The defendant, under caution, in a video-recorded interview described how an unknown person would pass her the drugs to deliver.

The estimated street value of the drugs seized was $33,110.

There is nothing unusual in the background of the defendant and Mr Khosa in mitigation has said all he can possibly say on her behalf, including the fact that she is aged 35 and this is her first offence.

The mitigation advanced by Mr Khosa was that the defendant was a graduate of Form 5 and that she started taking ketamine or drugs, rather, in the last six to seven years but all along she had been working as a salesperson and it was due to the fact that after she failed to continue with her job that her credit card debt mounted and she was unable to make payment and therefore she decided foolishly to indulge in this form of easy money. A letter from the defendant was also submitted stating that she was remorseful and she wanted to turn over a new leaf.

Now, hopefully, the time that she will spend in prison will prove that she is sincere in her wish to turn over a new leaf because there are many courses in prison which the defendant can take and which may help her when she comes out of prison to turn over a new leaf and the time in prison will also help her to divorce herself from drug.

Mr Khosa has correctly identified that the Court of Appeal has laid down sentencing guidelines for trafficking in drugs and for trafficking in really methamphetamine, cocaine, it would be -- following the guidelines in Tam Yi Chun [2014] 3 HKLRD 691 where the Court of Appeal suggested that for trafficking in between 70 to 300 grammes of “Ice” would merit a starting-point sentence of 11 to 15 years’ imprisonment.

The total amount of drugs if one adds up the “Ice”, the cocaine and the ketamine would be 88.80 grammes. I accept what Mr Khosa says that from the circumstances of the discovery of the ketamine which the defendant had hidden in her brassiere, it supports her mitigation that that was for her own consumption because it was set apart from the other drugs.

So taking away the 0.24 grammes of ketamine would give us a total amount of 88.56 grammes. I would adopt the lower starting point which is 11 years.

I see no special circumstances in either the facts or the defendant’s background to reduce the starting point and I would give the defendant the full one-third discount for her early plea and therefore sentence the defendant to prison for 7 years and 4 months.