HKSAR v. Choi Man Yee

DCCC 528/2019

[2019] HKDC 1429

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 528 OF 2019

------------------------------

------------------------------

---------------------------------------

REASONS FOR SENTENCE

---------------------------------------

1.This is a case of stop and search in the streets by the police leading to the discovery of drugs.

2.In the small hours on 20 April 2019, a patrol officer stopped the defendant in Tai Nan Street, Sham Shui Po for questioning, and found in her handbag the drugs in this case.

3.There are two kinds of drugs - ketamine and cocaine. The bulk of the drugs were put in a tin - 0.54g of powder containing 0.47g of ketamine were put in 3 paper packets in a resealable plastic bag, and 8.93g of a solid containing 7.80g of cocaine in 46 resealable plastic bags. In the same handbag, the officer also found another paper packet containing 1.44g of a solid containing 1.32g of cocaine.

4.The defendant was thus arrested.  Also found on her were $10,104.5 in cash and a mobile phone.

5.The seized drugs have an estimated street value about $10,000.

6.The defendant, 18, pleaded guilty before me to one count of drug trafficking. She has one previous conviction of possession of dangerous drugs in May 2019, which is subsequent to the present offence, for which she was sent to DATC and is currently serving the DATC order.  

7.In mitigation, the court heard that the defendant, single, used to work as a waitress after dropping out of secondary school in Form 3, then changed a number of jobs and at the time of the offence, she was a bartender earning $10,000 a month, but this is contrary to what she told the police that she was unemployed.

8.Her parents divorced about a decade ago, though she has a strong emotional attachment to the father, unfortunately he fails to set a good example for her because he is a drug addict himself like the defendant.  Out of her salary, she nevertheless gave $4,000 to her father to support him.

9.Counsel for the defendant said that the defendant committed the offence for economic reasons only - she was promised $10,000 for delivery of the drugs in this case but before she could get hold of the money she was arrested.

10.Despite her arrest, counsel said the defendant does not give up herself but have a concrete plan for her future. She would make use of the time in custody to complete the secondary school education and would at the same time study to become a beautician.

11.While in remand, counsel said the defendant proactively joined a religious class organised by the Hong Kong Christian Kun Sun Association. Miss Tang, the ministry officer of the Association, has written to the court pleading leniency on her behalf.

12.In the concluding paragraph of the letter, Miss Tang said that:-

“I am convinced that her determination to start a new meaningful life is strong beyond doubt because of her conversion to Christianity. Her life is continuously transforming better and better. She knows very well that she has paid a high price for her ignorance in the past. Meanwhile, I will continue to provide pastoral care about her. I have observed her effort to prove herself in a positive way during the entire time of her detention. Please accept my sincere wish to see leniency granted in her sentence.”

13.Given the small quantity of ketamine, when it comes to sentencing, I will ignore it and simply focus on cocaine only.

14.There are sentencing guidelines for this type of offence - for trafficking up to 10g of cocaine, 2-5 years.

15.For the amount (9.12g) the defendant admitted trafficking, I take 56 months as the starting point. As far as mitigation is concerned, apart from her guilty plea there is not anything of substance. Her plea is timely, so she is entitled to a full one third discount.

16.Giving the appropriate discount, the starting point is reduced to 37 months. There being no reasons for further reduction, the final sentence is one of 37 months’ imprisonment.