HKSAR v. LAW MAN LUNG, ERROL

HCCC 262/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 262 OF 2017

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT:

The defendant pleaded guilty to one charge of trafficking in d dangerous drug, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134.

He was seen by the police officers to have alighted from a taxi and walked towards an alley. He was intercepted after a futile attempt to escape. He had with him a large plastic bag containing eight toilet rolls and one family size tissue paper which contained one bag of dangerous drugs.

Under caution, he remained silent. He now admits that he was trafficking in the drugs seized. Upon analysis, the mixture was found to be a total of 243 grammes of a powder containing 133 grammes of ketamine.

The retail value of the ketamine at the time is around HK$86,000.

The defendant has three previous convictions, all are possession of dangerous drugs. He was last sentenced to DATC on 9 December 2016. He committed the present whilst on bail of that offence.

By way of mitigation, I am told that the defendant is now aged 28, separated from his wife and he had an 8-year-old son. Now, he has a stable girlfriend and stable income. However, being addicted to drugs itself. He was misled into thinking that to get in bulk will give him better quality drugs. So he was lured by the supplier of get this amount and to store this for supplier. He did allegedly intend to consume a part of the drugs. However, at the time, he had just picked up the drugs and had not work out how much he would keep for himself and how much he would pass on to others. He is now deeply remorseful and would make good use of the time whilst in incarceration to advance study and also to clear his addiction.

In sentencing the defendant, I have taken into account the nature of the offence, the drugs involved, its quantity and the sentencing tariff. I have also taken into account his guilty plea and mitigation forwarded by counsel on his behalf. For trafficking in ketamine weighing between 50 to 300 grammes, the Court of Appeal has laid down a tariff of 6 to 9 years. For the present amount of narcotics, I adopt a starting point of 7 years’ imprisonment. I shall give him the full one-third discount for his guilty plea.

He is sentenced to 56 months’ imprisonment.