HKSAR v. Chan Na Na

Case No.HCCC 43/2013
Court
High Court CFI
Date09 Dec 2013
Judge
Case Document
100%

HCCC 43/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 43 OF 2013

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

  HKSAR  
  v  
  Chan Na-na  

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

Before: Hon M Poon J
Date: 9 December 2013 at 9.49 am
Present: Mr James P Chandler, on fiat, instructed by the Department of Justice, for HKSAR
  Mr Joseph Lam Siu-wah, instructed by Godwin Chan & Co, assigned by the Director of Legal Aid, 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 charge of trafficking in a dangerous drug contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.

She was intercepted by police offices outside Ground Floor, Number 33, Lai Chi Kok Road. She was found holding a plastic bag of “ice” in her hand. She claimed that the drugs were for her own consumption when arrested under caution. Upon analysis, the drugs were found to be 24.11 grammes of a crystalline solid containing 22.77 grammes of methamphetamine hydrochloride. The street value of the drugs was estimated at $17,000, approximately.

The defendant has a clear record. By way of mitigation, I was told that after obtaining form 4 education, this defendant has worked as an estate agent and, prior to the arrest, as a part time clerk. Counsel submitted that whilst in remand, the defendant had deep reflection upon herself and realised her stupidity in committing the present offence.

By pleading guilty and saving the court’s time, counsel submitted that she had shown a genuine remorse. It is said that she is prepared to further her studies during her incarceration to prepare herself to rejoin the workforce and society after discharge from prison. Counsel urges me to adopt a starting point at the lower end of the 7 to 10 years’ scale.

In sentencing the defendant, I have considered her guilty plea, mitigation forwarded by counsel on her behalf and the existing tariff for trafficking of “ice”. According to the case of Ching Kwok Hung, for trafficking in “ice” weighing between 10 to 70 grammes, the starting point is between 7 to 10 years.

I adopt a starting point 7 and a half years imprisonment in relation to the present case. She is given the full one-third discount for a guilty plea. She is sentenced to 5 years’ imprisonment.

HKSAR v. Chan Na Na [HCCC 43/2013] | BabelCite