HKSAR v. Ho Ka Yee

DCCC 431/2018

[2019] HKDC 673

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 431 OF 2018

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Reasons for Sentence

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Charge

1.The Defendant pleads guilty to trafficking in a dangerous drug. 

2.In the afternoon on 6 February 2018 police officers intercepted the Defendant as she was leaving her residence in Tseung Kwan O.  She had on her a cotton bag in her jacket containing 12 transparent re-sealable plastic bags containing 16.40 grammes of a solid containing 13.58 grammes of cocaine.  She had no wallet or any money with her but a mobile phone and 2 keys to her residence. 

3.After arrest and caution she said the cocaine was all for her own use. 

4.A search warrant was executed.  As a result, the police found in her residence an electronic scale, a large number of transparent re-sealable plastic bags and a lighter. 

5.In her video-recorded interview she stated that she was addicted to cocaine since 14 or 15 years of age and her daily dosage was about 2.8 gammes. 

6.The estimated street value of the cocaine was $18,102.14. 

7.The Defendant possessed 13.58 grammes of cocaine for the purpose of trafficking in it.  

Sentencing guidelines

8.The sentencing guidelines for trafficking in 10 – 50 grammes of cocaine indicate 5 – 8 years (Attorney General v Rojas [1994] 1 HKC 342; R v Lau Tak Ming [1990] 2 HKLR 370). 

Mitigation

9.The Defendant is 28 years of age.  She had a record for drug trafficking for which she was sentenced to 3 years in 2009. 

10.In mitigation I am told that she was a drug abuser since the age of 14.  Before arrest she was doing freelance online sourcing, earning about $3,000 per month.  She has a first child, now almost 11 years of age, by a boyfriend who had left them since the birth of the child.  That child is in the charge of her parents.  She has a second child, now 1 year of age, by her new boyfriend.  The child is now in the charge of Po Leung Kuk. 

11.As stated in the letter of Father John Wotherspoon the chaplain serving CSD inmates, she has actively taken part in his anti-drug campaign which aims at helping herself and others to quit drugs and to avoid the trap of drug trafficking.  

Sentencing the Defendant

12.I take a starting point of 5 years 3 months (or 63 months).  After the one-third discount for her plea of guilty the sentence is 3 years 6 months (or 42 months).  I give her an extra month off for her participation in the anti-drug campaign.  The sentence is therefore 3 years 5 months (or 41 months).