HKSAR v. Yulianingsih

DCCC154/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 154 OF 2011

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Reasons for Sentence

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1.The 2nd defendant pleads guilty to one count of trafficking in dangerous drugs, namely 0.22 gramme of cocaine. She is of Indonesian origin who came to Hong Kong as domestic helper in 2002. Her contract ended in 2006 and then she overstayed until she was arrested in 2008. She was then convicted of the offence of breach of condition of stay. Thereafter she claimed for the status as refugee and her application is still pending determination.

2.On 24 August 2010 she helped the 1st defendant to bring the subject cocaine to the police undercover in a sale of the drugs by the 1st defendant to the undercover.  She also received the purchase money for the 1st defendant. 

3.Mr Beel, counsel for the 2nd defendant, told me in mitigation that the 2nd defendant had been abandoned by her parents in childhood and brought up by a woman whom she called her as grandmother.  The grandmother has passed away and she is now having no relatives in Indonesia.  As she is not allowed to work in Hong Kong pending determination of her status, she is in a very vulnerable position easily used by others.  Hence, she committed the present offence. 

4.She is now very remorseful and she showed her remorse immediately after the arrest.  Most importantly, the quantity is very small, and Mr Beel asked me to adopt the lowest end of the tariff under Lau Tak Ming. 

5.I agree that the quantity of cocaine is not large.  In AG v Chang Chen Liu Sa, the Court of Appeal held that the guidelines for sentence in Lau Tak Ming were applicable to cocaine.  For a quantity of up to 10 grammes of cocaine, the tariff should be 2 to 5 years’ imprisonment.  In this case I adopt the lowest end of 2 years’ imprisonment as the starting point. 

6.Taking into account all the mitigating factors, including her guilty plea and that there were special circumstances on the papers which justified a lenient view to be taken of the facts, the sentence is reduced to 1 year.