HKSAR v. Wong Chui-pik, Vivian

DCCC 829/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 829 OF 2013

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Reasons for Sentence

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1.The defendant pleaded guilty to a charge of trafficking in 6.13 grammes of methamphetamine hydrochloride, commonly known as “Ice”.

2.At 5.10 pm on 8 July, officers conducted an anti‑narcotic operation at the vicinity of Block 6, Po Tin Estate, Tuen Mun.  The defendant was spotted walking out of the main entrance of Block 6 towards a bus terminal in the Po Tin Estate in a furtive manner, and was intercepted by the police.

3.The drugs the subject of the charge were found wrapped in tissue paper in the left side of her bra.  She immediately admitted under caution that the drugs were “Ice” and that she had been asked by a man to bring the “Ice” to Tai Hing Estate in Tuen Mun in return for a reward.  She repeated this when she was interviewed, the interview being video-recorded, and said that she would receive $300 for this transaction.

4.The street value of the drugs is $4,136.

5.The defendant has one previous court appearance in respect of three charges of handling stolen goods.  She was sentenced to 18 months’ imprisonment.

6.I am told that the defendant is now 35 years of age.  She was born in Hong Kong and educated to Form 4 standard.  At the time of her arrest she was working as a waitress earning $9,000 per month.  She lives with her mother and 12-year-old son in an estate in Shatin.  I am told that she lived with the father of her son for some time, but he left her shortly after the child was born and has taken no responsibility for her son. Her son is now a Form 2 student.

7.She said that she committed the offence for financial reasons.  A letter has been presented to the court written by the defendant in which she states that she now understands how serious is the offence she has committed, and asks the court to deal with her leniently.

8.The appropriate starting point, in my view, for trafficking in this quantity of drugs is 5 years’ imprisonment.  The defendant is entitled to credit for her guilty plea, and that sentence will be reduced to a sentence of 40 months’ imprisonment.