A HCCC 364/2015 A
IN THE HIGH COURT OF THE
B HONG KONG SPECIAL ADMINISTRATIVE REGION B
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 364 OF 2015
C C
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D HKSAR D
v
E E
YAN Mei-yee (甄美儀)
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Before: Deputy High Court Judge McMahon
G Date: 23 November 2015 at 9.52 am G
Present: Mr Andrew Cheng, SPP of the Department of Justice, for
HKSAR
H H
Mr Suen Kam-hee, instructed by C O Yu & Co, assigned by
DLA, for the accused
I Offence: Trafficking in dangerous drugs (販運危險藥物) I
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J Transcript of the Audio Recording J
of the Sentence in the above Case
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COURT: The defendant, a 43-year-old woman, has been committed to
L this court for sentencing pursuant to the provisions of L
section 81B of the Magistrates Ordinance, Chapter 227.
M The defendant has pleaded guilty to an offence of M
trafficking in a combination of drugs comprising 14.18
N grammes of methamphetamine hydrochloride, ('Ice') and 6.64 N
grammes of heroin hydrochloride, (‘heroin’).
O The facts of the case are straightforward. The defendant O
was intercepted by police as she entered her residential
building in Sham Shui Po. The shoulder-bag she was carrying
P was searched and in it were found three plastic bags P
containing the 'Ice' and another two plastic bags containing
Q the heroin. Most of the heroin was wrapped as individual Q
pellets. A sum of $9,290 was also found in her bag.
R The defendant was taken to her room and upon entering it, R
using the defendant’s keys, the police found drug packaging
equipment consisting of 22 small plastic bags, two
S S
electronic scales and coloured wrapping paper matching that
around the wrapped heroin pellets.
T T
I propose to adopt the combined approach to sentence
described in HKSAR v Yip Wai Yin. I take the 'Ice',
U comprising as it does 14.18 grammes of narcotic, as being U
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A the dominant component and adopt a starting point of A
sentence of 7 years’ imprisonment.
B That then needs to be enhanced to reflect the 6.64 grammes B
of heroin also the subject of the offence. In my view, a
level of enhancement of 6 months’ imprisonment is
C C
appropriate and that is sufficient also to reflect the fact
that the defendant was trafficking in drugs of different
D types. That results in a starting point of sentence of 7 D
years 6 months’ imprisonment.
E There is one substantial mitigating factor and that is the E
defendant’s plea of guilty for which she gets full credit.
F F
Accordingly, that starting point is reduced by one-third and
the defendant is sentenced to 5 years’ imprisonment.
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H H
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L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
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