Case Document

100%

DCCC620/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.620 OF 2010

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	HKSAR
	v.
	HO Kwai-ling (D1)
	CHEUNG Chin-man (D2)

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Before:

Deputy District Judge A Yim

Date:

13 July 2010 at 3: 11 pm

Present:

Mr. Glen KONG, PP,of the Department of Justice, for HKSAR
Ms. CHENG Sin Yu Eleanor, of Messrs. K.Y. Lo & Co., assigned by the Director of Legal Aid, for D1 & D2

Offence:

Trafficking in dangerous drug (販運危險藥物)

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Reasons for Sentence

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The defendants are jointly charged with one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

The defendants pleaded guilty and admitted the facts.

Facts

Two police officers (PW1 and PW2) were deployed as decoys to contact a male drug trafficker known as “Siu Lung”. On 5 April 2010 they contacted Siu Lung by phone and arranged for the sale of half ounce of Ice at HK$6900. At the meeting point the officers were approached by D2 who claimed himself to be Siu Lung, D2 led the officers to Cannon Street and they were joined by D1 on the way.

When the party reached the rear lane of Nos. 2-4 Cannon Street, D1 took out 1 plastic bag of Ice from her brassiere and handed it to PW1; PW1 then paid the drugs with the marked monies.

The drugs sold were certified to be 13.25 grammes of a crystalline solid containing 12.23 grammes of methamphetamine hydrochloride.

I refer to the tariff in Ching Kwok-hung [1991] 2 HKLR pg.125. Where the quantity was:

a. Up to 12 grammes the sentence should range from 3 to 7 years imprisonment;

b. between 10 to 70 grammes the sentence should range from 7 to 10 years imprisonment.

I consider the appropriate starting point of sentence is 7 years.

D1 aged 28, single and lives with her family. She used to be a sales lady and earned about $7000 per month. She has 1 previous conviction of possession of dangerous drugs. In mitigation, the defence said D1 is a drug addict and she profit from trafficking for her own consumption. She was not aware the seriousness of the crime and she was remorse.

The defendant is entitled to 1/3 discount for her plea, however, I do not consider there to be any mitigating factors call for further deduction.

D2 aged 23, single and lives alone in a guesthouse. He used to be a vehicle attendant earning $9000 per month and would contribute $2000 per month to his family. He has four previous conviction of possession of dangerous drugs and one for possession of part I poison. In mitigation, the defence said D2 is a drug addict and he profit from trafficking for his own consumption. He was remorse.

The defendant is entitled to 1/3 discount for his plea, however, I do not consider there to be any mitigating factors call for further deduction.

Order

D1 sentenced to 56 months imprisonment.

D2 sentenced to 56 months imprisonment.