HKSAR v. Tan Xiuyun

HCCC 306/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 306 OF 2013

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: The defendant pleads guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

The defendant was observed by police to be walking nervously along a pavement holding a white plastic bag in her hand, tight to her waist area. She was intercepted and it was found that there were nine packets of drugs. Inside that bag was $24,955. Under caution, she stated that the "Ice" did not belong to her and she delivered them to earn $500 for each packet.

Upon analysis, it was found the total quantity of drugs seized amounted to 222.64 grammes of a crystalline solid containing 216.17 grammes of methamphetamine hydrochloride. The retail value of the drugs at that time was around HK$177,000.

The defendant is now aged 45. She has one previous unrelated record for gambling for which she was fined $500 in 2012. That is a minor record and for the purpose of today’s sentencing, I will treat her as a person of clear record.

By way of mitigation, I am told that the defendant is a mainland resident. She comes from Guangdong. She has worked as a waitress, then a housewife. She has two children from a previous marriage and they are aged 15 and 18 and are currently being looked after by her first husband.

Counsel urges me to take into account her remorse as shown both in her letter of mitigation and early guilty plea, and it is said that she committed the present offence because her present aged husband who resides in Hong Kong is on CSSA and is tight of money.

In sentencing the defendant, I have taken into account her guilty plea, the nature of the drugs, the relevant sentencing guideline and mitigation forwarded by counsel on her behalf, as well as that contained in her handwritten letter in mitigation.

Whilst the case of Tam Yi Chun has recast the guidelines from Ching Kwok Hung, that is only applicable to offences committed after 9 June 2014. So the tariff laid down in Ching Kwok Hung is still applicable to the present case. The tariff laid down in Ching Kwok Hung is that trafficking between 70 to 300 grammes of "Ice" attracts starting points ranging from 10 to 14 years.

The narcotic in the present case is 216.17 grammes. I adopt a starting point of 12½ years’ imprisonment. She is entitled to a full one-third discount for her guilty plea and is sentenced to 8 years and 4 months.