COURT: The defendant, Wong Pui-shan, faces one count of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134.
She pleaded guilty before a magistrate and was committed to be sentenced in the Court of First Instance of the High Court.
The facts disclosed that on 27 January this year, 2014, the defendant was seen by the police when she came out of the flat at the Cornwall Court in Mongkok. The police followed her when she rushed back into the flat. The police saw dangerous drugs on the table and arrested her.
Under caution, the defendant said she had to take care of two children and although she knew it was against the law and that she might be arrested by the police, she did not want to do it, she nevertheless did it.
The dangerous drugs found on the table were later confirmed to be:
(1) A total of 27.69 grammes of a crystalline solid containing 27.51 grammes of methamphetamine hydrochloride. These were packed inside four packets.
(2) A total of 96.6 grammes of a powder containing 65.9 grammes of ketamine. These were also packed inside four packets.
The four packets of "Ice" were originally in the glass jar and the four packets of ketamine were originally in a plastic box.
The retail value of the "Ice" was $11,824 and for the ketamine, $11,785.
During her video-recorded interview, the defendant admitted that she agreed to keep the dangerous drugs for someone called Ah Chiu for a reward of $2,000. She said she lives with her mother and her son. She received $9,000 per month from the CSSA scheme and has to pay a rental of $4,150 per month. She also admitted that she abused "Ice", spending $200 per week on consuming "Ice".
The defendant is 31 years of age. She is not a woman with a clear record. She has two previous convictions of possession of dangerous drug in 2003 and 2008 respectively and was sentenced to Probation Order for 12 months and a 6-month sentence suspended for 18 months. She also had a common assault conviction in 2005 and due to that offence, she was in breach of the Probation Order.
The defendant was educated up to form 3 level and had worked as a clerk and as a waitress before the birth of the children who are aged 8 and 2½ respectively. At the time of the offence, the defendant was unemployed.
Mr Dick Lee, mitigating on behalf of the defendant, confirmed the defendant’s background and I was informed that the two children, in fact, came from two different men. The older son is now living with her own mother. The younger son is living with the parents of his own father.
Mr Lee urged me to be as lenient as possible in the case of the defendant because she has pleaded guilty.
Trafficking in dangerous drugs is a serious offence. A person convicted of this offence on indictment is liable to a fine of HK$5 million and to life imprisonment.
There is a mixture of dangerous drugs here, "Ice" and ketamine. In respect of the "Ice", it should be noted that the Court of Appeal has set down new guidelines for the trafficking of "Ice" on 9 June this year in the case of Tam Yi Chun [2014] 3 HKLRD 691. However, as this offence was committed before that judgment, so the old guidelines set down in the case of AG v Ching Kwok Hung [1991] 2 HKLR 125 is still applicable.
The quantity of "Ice" involved is 27.51 grammes. So it falls within the 10 to 70 grammes and the appropriate band is 7 to 10 years.
As to the ketamine, the quantity of ketamine involved here is 65.9 grammes. According to the guidelines set down in the case of Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1, the appropriate band for trafficking between 50 to 300 grammes of ketamine is between the range of 6 to 9 years.
There are two different approaches in sentencing, either the individual approach or the combined approach. I think it is more appropriate to adopt the individual approach as the two drugs are disparate in quantity and in potency. That is following the case of Ko Ka Hing [2009] 4 HKLRD 856.
Having considered all the circumstances of this case and the defendant’s personal background, I will adopt a starting point of 7 years for the "Ice" and 6 years for the ketamine. There are no other aggravating factors that I can see.
Although the defendant claimed to have part of the "Ice" seized for her own consumption, upon being informed that I was not prepared to accept her bare assertion without evidence as the Admitted Facts do not support her claim, the defendant, after taking legal advice, decided not to give evidence to substantiate her claim. I will therefore not make any adjustment to take into account the claim that any part of the "Ice" seized was for the defendant’s own consumption.
I am of the view that an overall starting point of 8½ years is appropriate for all the drugs concerned. The defendant had pleaded guilty. I will give the defendant the full one-third discount.
Though it is very sad that the defendant has to go to gaol, leaving behind two young children, particularly the younger one is only 2½, her family circumstances are not a ground to further reduce her sentence. I do not see any other ground to reduce the sentence, except your plea.
So for the offence of trafficking in dangerous drugs, the defendant is sentenced to 5 years 8 months’ imprisonment.
I have already indicated to you that your promise to turn over(a new leaf?) after you have served your sentence is really a promise you are making to your mother rather than to me. But having said that, I certainly hope that you will
keep your promise so that your children will not be without a mother after you come out.