HKSAR v. LAU WAI YIN

 DCCC799/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 799 OF 2010

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Reasons for Sentence

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1.  The defendant pleaded guilty to a charge of trafficking in dangerous drugs.

2.  The particulars of the offence are that on 17 May this year, in Tuen Mun, he unlawfully trafficked in 10.39 grammes of ketamine. The facts admitted by the defendant disclose that shortly after midnight, on 17 May, police officers, on an anti-dangerous drug patrol in the Tuen Mun area, spotted the defendant and another man acting furtively.

3.  The defendant was intercepted and searched, and in the rear left pocket of his trousers the officers found transparent resealable plastic bag which contained the drugs the subject of the charge. The defendant admitted to the officer that what he was carrying was, in fact, dangerous drugs, and that he was delivering them to another person on behalf of a friend for financial gain.

4.  When interviewed under caution at the police station he explained that he had been given the drugs to pass on to a person he was to meet in the Siu Hong West Rail Station. The defendant was told that he would be handed $1,000 by this person, and that he could keep that money as a reward for making the delivery. At the time of his arrest the defendant was in possession of $1,595.10. The estimated street value was approximately $1,600.

5.  I am told that the defendant is 19 years of age and has a clear record. He was born in Hong Kong and educated to Form 5 level, and worked at a vegetable stall at the time of the commission of this offence. He lives with his parents in Yuen Long.

6.  In mitigation I was told by counsel for the defendant that the defendant was arrested in what is, in effect, a stop and search operation, and made a full and frank admission both at the scene and later at the police station. Counsel urged upon the court in mitigation that had it not been for the full and frank admission made by the defendant it would have been very difficult for the prosecution to have proceeded on the more serious charge of trafficking in dangerous drugs rather than a charge of simple possession. There was no other circumstantial evidence which would indicate that this was an offence of trafficking.

7.  I have had placed before me two letters, one from the defendant and one from his parents. The defendant speaks of being shameful in front of his family. He said his parents and relatives have visited him whilst he has been in custody and they have shown him support. I accept that he now bitterly regrets his involvement in this offence.

8.  I have the greatest sympathy for the defendant’s parents. In their letter they state that they come from humble origins and have been heartbroken and ashamed by the offence committed by their son. However, they are willing to stand by their son and will encourage him and show him support when he is released.

9.  Trafficking in dangerous drugs is clearly a serious offence. Trafficking in ketamine is particularly common in Hong Kong and is a major social problem. As counsel has rightly acknowledged, for trafficking in the quantity of drugs which the defendant admits to, the appropriate sentence is between 4 and 6 years' imprisonment.

10.  Having heard all the circumstances of the offence and what has been said in mitigation, I am prepared to take a starting point at the lower end of the sentencing range. For this offence I take a starting point of 4 years' imprisonment, and I reduce that by one-third to reflect the defendant's guilty plea.

11.  The defendant will therefore go to prison for 32 months.