HKSAR v. LAM KING YIN

HCCC 367/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 367 OF 2012

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

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COURT: Defendant, you have been convicted after trial by the jury of trafficking in a dangerous drug. You were caught in possession of the packet which contained the drugs being the subject matter of the charge, that being 0.24 of a kilogramme of a mixture containing 0.21 of a kilogramme of ketamine.

You were in a taxi at the time, which had stopped at the bus stop on Cheung Shan Estate Road West, which had its hazard lights on, clearly indicating your arrival to the person to whom you were to deliver this consignment of drugs. You attempted to dispose of them by throwing them toward the open rear door of the taxi but, of course, they bounced off a police officer and landed back on the taxi seat.

You have a poor criminal record. You do have a number of previous convictions for drug abuse but I note that this is your first offence for trafficking in drugs.

The sentencing guidelines for trafficking in ketamine are contained in Secretary for Justice v Hii Siew Cheng [2008] HKCA 2000 and for trafficking in quantities between 50 to 300 grammes, the starting point falls between 6 to 9 years’ imprisonment.

In this case, the total amount of ketamine was 210 grammes. Accordingly, you will be sentenced to 8 years’ imprisonment which I order to run consecutively to the sentence that you are currently serving.