HKSAR v. Reynoso Christine Marie Vidal

HCCC 166/2023

[2023] HKCFI 2832

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 166 OF 2023

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

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COURT: The defendant pleaded guilty at the committal stage to one count of trafficking in dangerous drugs. The particulars of the charge is that you, on 17 February 2021, at your residence, you trafficked in dangerous drugs, namely, 16.07 grammes of a crystalline solid containing 16.06 grammes of methamphetamine hydrochloride and 0.31 grammes of a solid containing 0.20 grammes of methamphetamine.

The facts are on 16 February 2021, police officers mounted an operation and laid ambush in the vicinity of your residence. At 0059 hours the next day, the police officers raided your residence with a search warrant. Other than you, two persons were found inside the flat. Upon a search, the following items were located on your bed, namely one transparent resealable plastic bag containing:

(1)  Two plastic bags containing a total of 0.64 grammes of a crystalline solid containing 0.63 grammes of methamphetamine hydrochloride;

(2)  six plastic bags containing a total of 14.5 grammes of a crystalline solid containing 14.5 grammes of methamphetamine hydrochloride; and

(3)  one plastic bag containing a total of 0.93 grammes of a crystalline solid containing 0.93 grammes of methamphetamine hydrochloride.

Also found on your bed is a paper bag in green colour containing:

(1)  A large amount of empty transparent resealable plastic bags;

(2)  some cash; and

(3)  a digital scale.

Meanwhile, a glass bottle with red plastic tube containing a total of 0.31 grammes of a solid containing 0.20 grammes of methamphetamine was found on the shelf at the head board of your bed. However, the glass bottle have been examined and it could not be used as an inhaling device.

You were arrested and at the scene under caution, you admitted dangerous drugs were for your own consumption. Subsequently, you were interviewed under caution and under caution, you admitted the following:

(1)  The dangerous drugs was ‘Ice’.

(2)  You bought the ‘Ice’ from an unknown male at Yau Ma Tei MTR station and you claimed to have bought 14 grammes of ‘Ice’ for one month’s consumption because it was cheaper.

(3)  You admitted that your method of consumption was to use a glass bottle for inhaling.

(4)  You invited the other two persons for dinner that night and you claimed the green paper bag with the large number of resealable plastic bags, cash and also the digital scale was brought in by your female friend. However, you claimed that the money was for paying rent.

(5)  You also admitted that the empty resealable plastic bags and the digital scale were for weighting and repackaging ‘Ice’. The female friend who brought in the green paper bag had no knowledge nor involvement of the dangerous drugs seized.

After examination, it was confirmed that that was a total of 16.38 grammes of a solid containing 16.26 grammes of methamphetamine hydrochloride.

Average retail price of methamphetamine was $590 per gramme. Therefore, the total street value is around $9,664.20.

You now admitted that on the day in question inside your flat, you unlawfully trafficked in dangerous drugs, namely, the two drugs named in the charged.

The total drugs involved is 16.26 grammes of methamphetamine and according to Tam Yi Chun, for 10 to 70 grammes of ‘Ice’, sentence range is 7 to 11 years. From a pure arithmetic calculation, the sentence should not be more than 7 years and 5 months.

You were born in the Philippines in 1986 and are now 36 years of age. You came to Hong Kong in 1999 and started to run into trouble with the law in 2006 when you were 20 years of age.

Since then you had on three occasions being convicted of dangerous drugs offences, you were given a conditional discharge and imprisonment for 6 months and sent to DATC. In addition, your latest conviction for a shop theft, you were sent to DATC in 2018.

Your counsel had urged upon me that you are not a woman without hope and I must say, I am impressed by you having spent your time in prison quite well. Not only you have enrolled yourself with studies in business and I can see from the assignment cover sheets that you are doing quite well, and I should say excellent, and I am very impressed with that sort of result that you have achieved.

Although the prosecution is not in a position to assess the information that you have given them due to the time constraint, I am prepared to accept that shows your genuine remorse for what you have done, especially with the supporting reference letter that was placed before me.

Mr Arthur had also urged upon me that your role is at the lowest end and also claimed that some of the drugs found were for your own consumption. On the material before me, I am unable to quantify the drugs for your own consumption, let alone I am not satisfied that a significant portion of it was for your self-consumption. Even for your own consumption, I have to take latent risk into consideration.

In summary, I am not prepared to give you any discount for self-consumption because it is not a significant portion and secondly, I have taken into consideration the latent risk.

I do accept that although you are involved in packaging or repackaging the drugs, as there are empty transparent plastic bags found and also a digital scale, I accept that you are a small or very small scale trafficker apparently. And therefore, although I am not prepared to accept that you are a mere courier or storekeeper, however, I am prepared to deal with you at the lowest end of culpability.

As I have said earlier, the range of sentence should not be more than 7 years and 5 months. I am giving you some discount in recognition that you have spent time well in prison and I accept you are not a woman without hope and hope you can turn a new leaf.

I am taking a starting point of 7 years and 3 months in your case. I have already reduced my starting point and other than that, I cannot really see any other mitigating factors in your case except your timely plea.

I give you one-third discount from my starting point of 7 years and 3 months, that brings it down to 58 months. So I sentence you to 4 years and 10 months.