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HKSAR v. Pham Thi Nga

Please refer to CACC224/2011 for the relevant appeal(s) to the Court of Appeal.
Case No.DCCC 875/2010
Court
District Court
Date30 May 2011
Judge—
Case Document
100%

DCCC875/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 875 OF 2010

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  HKSAR  
  v.  
  Pham Thi Nga  

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Before: Deputy District Judge A Yuen
Date: 30 May 2011 at 11.19 am
Present: Mr Finny Chan, Counsel on Fiat, for HKSAR
  Mr Andrew Christopher H Y Leung, instructed by Messrs Michael Cheuk, Wong & Kee, assigned by the Director of Legal Aid, for the Defendant
Offence: (1) – (3) Trafficking in dangerous drugs (販賣危險藥物)

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Reasons for Sentence

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1.You are convicted of three counts of trafficking in dangerous drugs: the 1st charge in relation to 5.29 grammes of heroin and 6.51 grammes of cocaine; the 2nd charge in relation to 1.05 grammes of midazolam; and the 3rd charge in relation to another 2.38 grammes of midazolam.

2.Evidence revealed that on 2 March 2010, you were stopped and searched outside Hut 43, Nai Wai, Tuen Mun, and police found inside your handbag 5.29 grammes of heroin and 6.51 grammes of cocaine.

3.Subsequently searching inside this Hut, No. 43, and at your home at Lakeshore Building, found another 1.05 grammes of midazolam and 2.38 grammes of midazolam.

4.The court found you had possession of all these drugs for purpose of trafficking. 

5.There is clear guidelines for sentencing of this kind of offence.

6.In sentencing you, I will take into account your background as well as the totality principle.

7.For the 1st charge, it involves two kinds of drugs.  Each attracts a sentence of 3 years starting point.  For the 5.29 grammes of heroin, I will take 3 years as the starting point and then an upward adjustment of another year for the 6.51 grammes of cocaine, therefore making a total sentence of 4 years.

8.For the 2nd charge and the 3rd charge, I will each sentence you to 12 months’ imprisonment and these sentences concurrent to each other as well as to the sentence of the 1st charge, therefore making a total sentence of 4 years.

A Yuen
Deputy District Judge

Please refer to CACC224/2011 for the relevant appeal(s) to the Court of Appeal.