HKSAR v. Lee Suet Chun, Yammy

DCCC980/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 980 OF 2011

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a single offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

2.The facts are as follows.  At about 0010 hours on 25 June last, Senior Customs Officer 8098 (PW1) and Customs Officer 98355 (PW2)  were on duty in the Customs Arrival Hall of Lok Ma Chau Control Point. They selected you as you were passing through the green channel. 

3.Upon search, they found the following concealed in your rectum:

1. an empty condom (Exhibit 1);

2. a condom (Exhibit 7) containing cling film (Exhibit 6), wrapping a tissue (Exhibit 5), wrapping a plastic bag (Exhibit 4) containing tablets (Exhibit 3) and 2 plastic bags containing suspected heroin (Exhibit 2).

4.Upon enquiry, you admitted that Exhibit 3 was midazolam. They also found another packet of suspected heroin in your mouth, Exhibit 8.  You admitted this to be white powder.  Under caution, you said you just helped with delivery.  You were in possession of $133 and a mobile phone. 

5.Between 1.30 pm and 3.30 pm that day, you were interviewed under caution and, inter alia, you admitted the following:

1. the midazolam and heroin were given to you by a man in Shenzhen whose name was Ah Man;

2. you concealed the midazolam in a condom and placed another condom in your rectum;

3. you said that E2 should be heroin, as you knew heroin which you used yourself;

4. you put the heroin in your mouth;

5. you were asked by a male in Hong Kong called Dai Sor to deliver the heroin and midazolam;

6. you were to deliver them to him in Shau Kei Wan;

7. you received $600 by way of reward.

6.E2, E3 and E4 were subsequently analysed and found to be the following: 

1.E2 was 7.02 grammes of a mixture containing 5.15 grammes of heroin hydrochloride;

2.Exhibit 3 was 99 tablets and two fragments containing 1.38 grammes of midazolam;

3.Exhibit 8 was 22.06 grammes of mixture containing 9.51 grammes of heroin hydrochloride.

7.The estimated street value of the dangerous drugs in total was $25,158.

8.You admitted to 33 previous convictions, two of which involved dangerous drugs.

9.On your behalf, Miss Wong entered mitigation. She told me that you had written a letter in Chinese and read that out in English to the court.

10.Inter-alia, you said the following. You are 47 years of age and divorced. You had a son who would be about 20 years of age, but unfortunately he committed suicide recently. This quite understandably caused great distress to you and caused you to suffer from depression and to be in receipt of psychiatric treatment. Whilst on remand your ex-husband had visited regularly and offered his support. He also encouraged you to involve yourself in the activities at the church.

11.I am also told that members of the church had visited you in prison and you felt now that there was some hope for the future. Miss Wong suggested that I should be as lenient as possible with you and take the lowest possible starting point, that now you could see some hope for the future.

The sentence

12.Trafficking in dangerous drugs is both evil and serious. I do note that you have a very poor criminal record including two previous convictions involving drugs.

13.However, I am moved by the tragic loss of your son and its affect upon your life. I note now that with the support of your ex-husband and the church there may be some hope. I have fully taken into account what you say in your letter.

14.I am sure you have been advised that this offence falls within the category of 5 to 8 years’ imprisonment.

15.Taking all the circumstances into account, I am going to take a starting point at the very lowest level. I take therefore, a starting point of 5 years, that is 60 months, reduced to 40 months for your plea of guilty. You will go to prison for 40 months.