HKSAR v. Wong Mei Lan

DCCC 890/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 890 OF 2013

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Reasons for Sentence

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Charge and facts

1.The defendant pleads guilty to a charge of trafficking.  In the afternoon on 7 July 2013, the police intercepted her for a search on Pei Ho Street, Sham Shui Po. In her shoulder bag were found 3 bags of drugs, ie 11.8 g of a crystalline solid containing 11.5 g of methamphetamine hydrochloride (“Ice”), 2 empty transparent plastic bags and an electronic scale.  After arrest and caution, she admitted assisting someone to deliver the Ice. 

2.The estimated street value of the drug was $6,500.

Personal background and mitigation

3.The defendant is 32 years of age.  She had no record for drug trafficking.  She was educated up to F.5 level.  She worked as a part-time barmaid at the time of arrest. 

4.Her counsel has cited the case of HKSAR v Guo Lin (郭蓮) CACC 444/2012 which involved 11.26 g of ice seized in a stop-and-search.  The Court of Appeal reduced the starting point from 7 years and 3 months to 7 years. 

5.The Court of Appeal has stated that trafficking in up to 10 g of Ice shall warrant 3 – 7 years' imprisonment as the starting point.  For 10 – 70 g, the starting point shall be 7 – 10 years (AG v Ching Kwok-hung [1991] 2 HKLR 125, HKSAR v Capitania [2004] HKCU 926).    

Sentencing this defendant

6.I take a starting point of 7 years.  I give a one-third discount for her plea of guilty.  She has no other mitigating factors.  Her sentence is 4 years and 8 months.