HKSAR v. TAM WAI PUN, TOMMY

DCCC 454/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 454 OF 2014

____________

REASONS FOR SENTENCE

The defendant faces a charge of "Trafficking in a dangerous drug". He pleaded not guilty to "Trafficking", but guilty to "Possession". The prosecution accepted his guilty plea to a lesser charge. The dangerous drug involved is methamphetamine hydrochloride (commonly known as "ICE") .

Summary of Facts

2.  About 7:50 p.m. on 3 April 2014, outside Lai Lai Building, Nos.106-108 Lockhart Road, Wanchai, SPC 53928 intercepted the defendant for enquiries.  He took the defendant to the rear lane, No.138 Lockhart Road to conduct a search.

3.  The following items were found on the defendant :-

(i) in his right sock, 1 piece of tinfoil which contained 0.58 gramme of a crystalline solid containing 0.57 gramme of methamphetamine hydrochloride; and 1 transparent resealable plastic bag which contained 0.40 gramme of a crystalline solid containing 0.40 gramme of methamphetamine hydrochloride; and

(ii) in a metal box contained in his shoulder bag, 1 transparent resealable plastic bag which contained 7.01 grammes of a crystalline solid containing 6.70 grammes of methamphetamine hydrochloride.

4.  Under caution, the defendant said "It is for my own consumption." In his video-recorded interview, he admitted that he bought the ICE from an unknown male in Mongkok at the price of $1,000.

Mitigation & Sentence

5.  The defendant is now 31.  He has 1 conviction record, which is not related to drugs. He is married but his wife resides in the mainland.  He lives with his parents in a private residential estate.

6.  Defence counsel Mr. CHENG informed me that prior to the present offence, the defendant has been working as a taxi driver for 5 years.  His parents and elder sister, who is a medical doctor, are all supportive.  A total of 3 letters were placed before me; their contents are duly noted.

7.  As I am statute-bound to call for a DATC Report, I adjourned sentencing until today.

8.  This afternoon, Mr. CHENG placed before me a letter from the Christian New Life Association, asking the court to consider a Probation Order Report with a view to allowing the defendant to receive voluntary gospel drug addiction treatment. Mr. CHENG explained that those are his latest instructions.

9.  A total of 7.67 grammes of ICE are involved in this case.  Had the defendant been convicted of "trafficking" in that quantity, the sentence would have been 6 years' imprisonment[1] after trial.  Even following the 3-step approach laid down by the Court of Appeal in HKSAR v WAN Sheung Sum [2000] 1 HKLRD 405, the sentence is likely to be 18 to 21 months' imprisonment before the one-third discount.

10.  I cannot overlook the quantity of ICE involved in the present case; a Probation Order with a condition to complete voluntary drug addiction treatment is plainly wrong in principle and manifestly inadequate.  The defendant is a fresh offender of "simple possession".  The DATC Report revealed that he is a drug dependant and is suitable for admission to a Drug Addiction Treatment Centre.  In my view, the most appropriate sentence for him is a DATC Order, and I so order.  I have displayed leniency by making a DATC Order instead of sentencing him to imprisonment.