HKSAR v. So Yuk Chun

Case No.HCCC 230/2013
Court
High Court CFI
Date20 Jan 2014
Judge
Case Document
100%

HCCC 230/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 230 OF 2013

-----------------

  HKSAR  
  v  
  SO Yuk-chun  
------------------
Before: Hon P Li J
Date: 20 January 2014 at 10.15 am
Present: Mr Bobby Cheung, SPP, of the Department of Justice, for HKSAR
  Mr David Boyton, instructed by T K Tsui & Co, for the accused
Offence: Trafficking in a dangerous drug(販運危險藥物)

---------------------------------

Transcript of the Audio Recording

of the Sentence in the above Case

---------------------------------

COURT: The defendant pleaded guilty to one count of trafficking in 120 grammes of cocaine. In the evening on 13 November 2012, a team of police officers intercepted the defendant, who was entering Flat 2, 8th Floor, Siu Yip House, Number 185 Fa Yuen Street. The police later searched the flat and found six bags of cocaine on a shelf inside the bedroom. They also found an electronic scale and some resealable plastic bags.

The defendant admitted under caution that the cocaine belonged to her boyfriend. She helped him take the cocaine to friends from time to time. The police estimated that the retail value of the cocaine was about $140,000.

The defendant is 36 years old. She received education up to form 3. She has a clear record. She was unemployed at the time of the offence. She lived at the flat mentioned above. She was the youngest amongst seven siblings. Her mother has dementia and her sister is suffering from cancer.

Defence counsel suggested that there might be some coercion by her boyfriend. She wrote to this court showing great remorse and pleaded for leniency so that she could take care of her aging mother. In the letter from Miss Ching of the Christian Prison Pastoral Association Limited, she pointed out that the defendant was lost in the love affair and influenced by her boyfriend.

According to HKSAR v Lau Tak Ming ([1990] 2 HKLR 370), for trafficking in 120 grammes of cocaine, the starting point should be 9 years and 10 months imprisonment, I deduct 3 years and 3 months for her plea. There is no further valid mitigating ground.

I sentence the defendant to 6 years and 7 months’ imprisonment.