HKSAR v. CHOI SIU LAM

DCCC 777/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 777 OF 2013

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Reasons for Sentence

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1. Defendant, you have pleaded guilty to a single offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. You admitted the Brief Facts, and I convicted you.

2. What happened is as follows.  On 6 May last, PC10234, PW1, saw you wandering outside a car park at Choi Fook Estate, Ngau Tau Kok.  He intercepted you, and found nine plastic bags containing suspected dangerous drugs, Exhibit 1, in a cigarette box inside the right pocket of your trousers.

3. He arrested and cautioned you, and you admitted Exhibit 1 contained ketamine, but claimed it was for self‑consumption.

4. In a subsequent video-recorded interview under caution, you admitted the following:

(1) An unknown female approached you at the car park and sold you Exhibit 1 for $1,500.

(2) You consumed about 1 gramme of ketamine every two days. You divided the ketamine into small bags, consuming a bag at a time. You inhaled ketamine any time you needed it, so you carried it with you.

(3) You were a waiter, earning $8,000 a month.

5. Subsequent analysis showed two bags to contain 28.45 grammes of powder containing 20.25 grammes of ketamine, and seven bags, 8.93 grammes of powder containing 6.97 grammes of ketamine.

6. At the time of arrest you had in your possession $530.

7. The street value of Exhibit 1 is estimated at some $4,876.

8. Your criminal record, which you admit, shows three previous convictions and one breach of an order.  One of those convictions is related to dangerous drugs.

9. On your behalf, Mr Tang entered mitigation.  He told me that you are 24, Hong Kong born, single, and educated to Form 3.  At the time of arrest you were employed as a casual waiter earning approximately $8,000 per month, of which you gave 3,000 to your family. You have two elder sisters, one of which unfortunately suffers from mental illness, diabetes and epilepsy.  Your father deserted the family, and it would seem this was about 2000, and you have been brought up by your mother since then.  Your mother is aged 58.  The younger of your two elder sisters is in employment.

10. Mr Tang also told me that you yourself suffer from anaemia and ketamine-induced frequency.  The latter was supported by a letter from a medical practitioner.  This, and Mr Tang’s submission, supports the proposition that part of the dangerous drugs - that is, the ketamine - would be for self‑consumption.

11. Mr Tang, referring to the criminal record, pointed out this is the first conviction related to trafficking in dangerous drugs, though he accepted you had a previous relating to possession.  You indicated a plea of guilty from the first available opportunity, thereby saving court time and public money.  He told me that present in court are your mother and a social worker.

12. Mr Tang then took me through five letters which were from yourself, your mother, and three social workers.  I do not intend to go through them individually, but collectively, the gist was as follows:  that you are remorseful; that you are a good son and a good person; that since the offence you have helped in the care of others, especially those with mental disabilities; that part of your problem stems from the fact that you have suffered from lack of parental guidance since your father left.  I am told that you actively assist your mother in caring for your elder sister at times of crisis.

13. Mr Tang completed his mitigation by asking for a chance on your behalf, and informing me that during your time in gaol you intend to study in order to progress in life.  Also, it is your intention to go straight on release.

14. I turn now to the sentence itself.  You are a young man of 24, and I accept you have had a rather difficult upbringing.  You have your own medical problems, part of which are self-induced, being related to your addiction to ketamine.  I note that on arrest and interview by police you were entirely co‑operative.  I accept that you are remorseful.  I accept that you have tried your best to assist others, and I believe and accept that part of the ketamine would have been for self‑consumption, and make an allowance accordingly.

15. The quantity of ketamine involved in this case is just over 27 grammes.  That places it within the sentencing range of 4 to 6 years, and Mr Tang is entirely correct in that regard.  As I say, I am going to give you an allowance on the basis that part was for self-consumption.  I also take into account the contents of the letters that have been placed before me, and note that you do have family support.

16. In all the circumstances, I take as a starting point 51 months’ imprisonment - that is, 4 years and 3 months - reduced to 34 months for your plea of guilty.