HKSAR v. Galang Corazon C.

CACC000527/1999

CACC 527/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 527 OF 1999

(ON APPEAL FROM HCCC 136/1999)

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Coram: Hon Stuart-Moore VP and Mayo JA in Court

Date of Hearing: 12 January 2000

Date of Judgment: 12 January 2000

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J U D G M E N T

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Hon Mayo JA (giving the judgment of the Court):

1. The applicant pleaded guilty before Deputy Judge Wesley Wong in the High Court to one count of trafficking in dangerous drugs and one of being in possession of a dangerous drug.

2. The charges read:

"First Count

STATEMENT OF OFFENCE

Trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

PARTICULARS OF OFFENCE

GALANG Corazon C., on the 20th day of January, 1999 at Room 68, Flat C4, 4th Floor, Mirador Mansion, Nos. 54 - 58, Nathan Road, Tsimshatsui, Kowloon, in Hong Kong, unlawfully trafficked in dangerous drugs, namely 27.07 grammes of a crystalline solid containing 26.65 grammes of methamphetamine hydrochloride, 55.53 grammes of cannabis resin, 41.28 grammes of cannabis and 0.40 gramme of a mixture containing 0.23 gramme of cocaine hydrochloride.

Second Count

STATEMENT OF OFFENCE

Possession of a dangerous drug, contrary to section 8(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap. 134.

PARTICULARS OF OFFENCE

GALANG Corazon C., on the 20th day of January, 1999 at Room 68, Flat C4, 4th Floor, Mirador Mansion, Nos. 54 - 58, Nathan Road, Tsimshatsui, Kowloon, in Hong Kong, had in her possession a dangerous drug, namely 0.86 gramme of a crystalline solid containing 0.85 gramme of methamphetamine hydrochloride."

3. She was sentenced to 5 years 8 months imprisonment on the first count and 2 months imprisonment on the second which was ordered to be served concurrently with the sentence on the first count.

4. The facts were simple and straight forward. The applicant who is a Filipino lady was found in premises where there were the dangerous drugs the subject matter of the charges. She almost immediately admitted her involvement with the dangerous drugs. She said that the dangerous drugs had been left with her by her friend "Sunny" and that she was to deliver the drugs to his associates when called upon to do so.

5. It would appear that the Judge largely based his sentence on the first count on the quantity of "Ice" which was found. For the quantity in question 7 to 10 years was an appropriate starting point according to the guideline case of AG v. Ching Kwok-hung [1991] 2 HKLR 125. As the quantities of the other drugs were much smaller they would not have had much bearing on the total sentence imposed.

6. So far as the personal circumstances of the applicant are concerned she had previously worked as a domestic helper but had then overstayed the time allowed in her visa. It appears that her difficulties may have arisen partly as a consequence of the association she had formed with a man of bad character and the fact that she had herself indulged in drug taking activities.

7. In her application before us she refers to her difficult family situation and the fact that there is no one to look after her three daughters.

8. These offences are too serious to enable us to take cognizance of such personal matters.

9. The sentences imposed were within the guidelines indicated. The sentences were neither wrong in principle nor manifestly excessive and accordingly the application is dismissed.

Representation:

Mr P. K. Madigan, SGC of the Department of Justice, for the respondent

Galang Corazon C., applicant in person