HKSAR v. LAM TIK

DCCC1169/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1169 OF 2008

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Reasons for Sentence

1.  The defendant has pleaded guilty before me today to one count of trafficking in a dangerous drug.  The drugs involved are 943 tablets containing 41.7 grammes of ketamine.

2.  The facts have been read over to him and admitted by him.  They are, shortly, that early in the morning of 11 October 2008, the defendant was intercepted at the Lockhart Road Playground.  He was searched and the drug was found inside a shoulder bag he was wearing at the time.  He was in company with a lady but no suspicious items were found on her.  He was immediately arrested and cautioned and admitted that he was asked by his friend to deliver the tablets to someone.  He asked for a chance.

3.  Subsequently, a cautioned statement was taken from him in which he outlined the circumstances of obtaining the drug.  These included that he had met an unknown male at 7-Eleven shortly before his arrest.  That unknown male offered him $500 if he would deliver the tablets to Lockhart Road Playground and drop them off.  In view of the quick money involved, he agreed.  He said he had met the friend that he was arrested with and chatted with her.  She knew nothing about the drugs.  As I say, the defendant has admitted those facts.

4.  A record has been produced which shows four sets of matters.  They include one charge of possession of a dangerous drug.  The defendant admits that record.

5.  Mitigation has followed in which I am told that he had had various odd jobs lately, his last job being as a hawker earning $300 a day.  He was living with his girlfriend at the time of the arrest.  He is remorseful for what he has done.

6.  Three letters have been produced as part of mitigation.  One is from the defendant himself in which he further expresses his remorse and understands how serious the matter is.  He says that since his discharge from the Detention Centre he had tried to be law abiding.  He had tried to start with a friend a logistics company, which went broke because one of the partners took the money and went.  He committed this offence as he needed the money.

7.  The second letter is from his father.  The gist of it is that his father is sorry and heartbroken when he found out that his son was involved in this sort of matter.  Although his son has, since August 2008, lived apart from them because he lives with his girlfriend, he visits them and communicates with them very regularly.  The last letter is from a previous employer of the defendant, where he was employed for slightly over two years and had been promoted in that time.  It stated that in his view the defendant is honest and respected by his colleagues.  He asks the court for leniency on behalf of the defendant.

8.  The offence which the defendant has pleaded guilty to is a very serious matter.  The trafficking of drugs always is.  As well, the amount of drug trafficked in here was not small.  It was 943 tablets containing 41.7 grammes of ketamine.  Such a problem this drug is in our society, that the higher courts have only recently increased the starting points with respect to drugs of this nature.  They have said that for trafficking in between 10 to 50 grammes of this substance, a starting point of 4 to 6 years is the appropriate one.

9.  On that basis, the starting point here would be one slightly in excess of 5½ years.  However, in all of the circumstances here, I am going to take a starting point of 5 years and 6 months’ imprisonment.  The defendant will get the full credit for his plea of guilty.  Accordingly, the defendant will be convicted and sentenced to 3 years and 8 months’ imprisonment.