HKSAR V . Chau Wai Sheung

DCCC 57/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 57 OF 2013

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Reasons for Sentence

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1.The defendant pleaded guilty to a charge of trafficking in 33.54 grammes of heroin.

2.At the time of her arrest, she had in her possession a glass tube and a straw, fit and intended for the inhalation of methamphetamine and heroin.

3.Similar equipment was found at her home.

4.The facts admitted by the defendant state that on 18 October at 0223 hours, Customs officers intercepted the defendant in the “Nothing to Declare” channel of the Customs Arrival Hall at Lok Ma Chau Control Point in the New Territories.

The glass and straw (the subject of the 2nd charge) were found in her bag.

5.She was taken after her arrest to the Prince of Wales Hospital and a condom containing the drugs (the subject of the 1st charge) was found in her possession.  She said that she helped deliver that to Hong Kong for a reward of $1,000.

6.At the time of her arrest, she had in her possession $8,919.50 and RMB11,169.50.

7.The heroin hydrochloride seized from her was worth about $52,162.

8.The defendant has a conviction for possession of dangerous drugs in 2002, when she was fined, and she has got a minor gambling conviction in 2004, for which she was also fined.

9.The defendant is aged 55 and she was educated to junior secondary level.  She was born in China and came to Hong Kong in 1997.  Prior to that, in 1986, she married her husband and they have one daughter.

10.For many years, she has looked after her mother-in-law who is now 97.  The mother-in-law lives in Guangzhou.  She is deaf and for the last 12 years, she has suffered from Alzheimer’s disease.  Her husband does not look after her(his?) mother and I am told that he is, in fact, serving a prison sentence in China at the moment.

11.The mitigation in this case is that she has pleaded guilty at an early opportunity and was co-operative with the police following her arrest.

12.A letter from the defendant has been submitted to the court, in which she states that she is remorseful; she asks for leniency and promises that she will reform.

13.The Court of Appeal has stated that for trafficking in this quantity of drugs, the appropriate sentence is in the range of 5 to 8 years for trafficking between 10 and 50 grammes of heroin.

14.The appropriate sentence after plea in this case is, therefore, a sentence of 4 years and 4 months’ imprisonment.

15.In respect of Charges 2 and 3, I take a starting point of 6 months for each offence, reduce that by one-third to reflect the defendant’s guilty plea and order that the concurrent sentences of 4 months run concurrently to the charge on Charge 1.

16.The defendant will, therefore, go to prison for 4 years and 4 months.