HKSAR v. Wan Ying Lai

DCCC 879/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 879 OF 2011

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Reasons for Sentence

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Charge

1.The defendant pleads guilty to trafficking in 4.62 g of certain substances containing 4.58 g of methamphetamine hydrochloride (“Ice”).  In the evening on 2 June 2011, on the corridor outside her public housing unit, she was carrying a handbag which contained the Ice in resealable bags and in a folded tinfoil.  There were also an electronic scale and some empty resealable bags. 

2.During police investigation, she revealed that she had bought the Ice in the same morning.  She consumed a trifle during her weighing and packaging at home with a view to resale for profit.   

Defendant’s personal background and mitigation

3.She is now 33 years of age, F. 5 level.  She has 1 record for simple possession in 1998.  She was unemployed before arrest but has lately got the job of a schoolbus-mother.  She used to live with her husband and their 3-year-old son.  Her son was born with no fingers in his left hand.  It required her vigilant care.  He has not been supporting her finance, only their son’s.  They are processing for a divorce now.  She has been a drug addict for a number of years.

4.She has 2 mitigating letters from the church and a district councilor.  They ask for sympathy and leniency on her behalf.    

Sentencing guidelines

5.Attorney General v Ching Kwok-hung [1991] 2 HKLR 125, as amended in HKSAR v Capitania [2004] HKCU 926, Ice trafficking of up to 10 g shall warrant 3–7 years' imprisonment.

Sentencing this Defendant

6.I take 3½ years as the starting point.  I reduce it to 2 years and 4 months because of her plea of guilty.  There are no other mitigating factors. This is her sentence.