HKSAR v. Tse Yuen Ying

HCCC 327/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 327 OF 2013

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: Defendant, you have been found guilty of an offence of trafficking in a dangerous drug, that is an offence contrary to Section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

On the day in question you were stopped by police officers and searched and in your handbag they found four packets of the dangerous drug “ice”. Upon arrest and under caution you said the drugs were “ice” and it was for your own consumption. The estimated retail value of the drugs was approximately $32,000. The drugs quantity was an amount of 42.11 grammes of a crystalline solid containing 41.60 grammes of methamphetamine hydrochloride.

The jury have found you guilty of trafficking in a dangerous drugafter trial.

As your counsel, Mr Cheung, quite correctly put forward to the court, the Court of Appeal have laid down guidelines or tariffs for sentencing in the dangerous drug “ice”. The appropriate case is that of the Attorney General v Ching Kwok Hung. You fall within the second bracket, that is if one is trafficking in “ice” between 10 and 70 grammes a sentence of between 7 and 10 years of imprisonment is an appropriate starting point after trial.

You are 44 years of age now and a lady of clear record, this being your first conviction. As Mr Cheung also rightly pointed out, this does not weigh heavily in mitigation on your behalf, as trafficking is a very, very serious offence.

The drugs were found upon you in four packets; two were very large and two were small. I am prepared to give you the benefit of the doubt that two were at least for your own consumption.

In those circumstances, defendant, for the quantity of drugs that you had for the purposes of trafficking, I sentence you to 8 years’ imprisonment.