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Hksar v Wong Chi Ying

Judgment Cited in Precedent Map Related
Vincent
Judgment Date31 May 2019
Neutral Citation[2019] HKCA 624
Year2019
Judgement NumberCACC320/2018
Subject MatterCriminal Appeal
CourtCourt of Appeal (Hong Kong)
CACC320/2018 HKSAR v. WONG CHI YING

CACC 320/2018

[2019] HKCA 624

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO 320 OF 2018

(ON APPEAL FROM DCCC NO 482 OF 2018)

_______________

HKSAR Respondent
v
WONG Chi-ying (黃芝盈) Applicant

_______________

Before: Hon Zervos JA in Court
Date of Hearing: 31 May 2019
Date of Judgment: 31 May 2019

____________________

J U D G M E N T

____________________

1. On 31 October 2018, following her guilty plea before District Court Judge K Lo to one charge of trafficking in dangerous drugs (Charge 1) and to one charge of keeping a divan (Charge 2), the applicant was sentenced to 3 years, 5 months and 21 days’ imprisonment on Charge 1 and 16 months’ imprisonment on Charge 2, with 8 months of the sentence on Charge 2 ordered to be served consecutively to the sentence on Charge 1. The total sentence was a term of imprisonment of 4 years, 1 month and 21 days.

2. The applicant applies for leave to appeal against her sentence.

3. The facts outline to the judge, and admitted on behalf of the applicant, were that on 25 March 2018, the police conducted a raid of the flat in which the applicant and six others were present. The police found inside the applicant’s sling bag, a total of 16.74 grammes of a mixture containing 12.90 grammes of heroin hydrochloride and 62 tablets containing 0.86 gramme of midazolam. The police also found in the flat items and paraphernalia for the consumption of drugs.

4. The applicant admitted that she was trafficking in the drugs that were seized and that she kept a divan at the flat.

5. The applicant was 29 years of age at the time of the offence and was separated from her husband. She worked part time as a hairdresser, earning $3,000 per month. She had two previous convictions for possession of a dangerous drug in 2007 and 2009, for which she was given a probation order and a rehabilitation centre order respectively. It was acknowledged in her mitigation that she had been taking drugs since she was 13 years of age.

6. As for Charge 1, the judge applied the sentencing guidelines in R v Lau Tak Ming & Others [1990] 2 HKLR 370, for 12.90 grammes of heroin narcotic and adopted a starting point of 5 years, 2 months and 20 days’ imprisonment. She did not further increase the...

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