HKSAR v. TAM CHUN HO

 DCCC708/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 708 OF 2009

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Reasons for Sentence

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1.  Defendant, you 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.  The facts were as follows. At about 7.13 pm on 11 February last, a police officer (PW1) saw you walking to and fro at the staircase on the 19th Floor of Yiu Wing House, Yiu On Estate, Ma On Shan. He intercepted you and found a packet containing suspected dangerous drugs in the front left pocket of your trousers. You said, “This is K Chai. I bought them for my own consumption and intended to sell them to earn some money.” PW1 arrested you and cautioned you and you replied, “Ah Sir, give me a chance. I am unemployed and I have no money, so I sell K Chai to others.”

3.  At 10 pm that night, PW1 interviewed you under caution. Inter alia, you admitted it was ketamine, which you had bought from “Ah Leung” in Mongkok. You said it was for self-consumption and you intended to sell some to others to earn money, as you were unemployed. You paid $700 for about ½ an ounce, which is about 14 grammes, and would sell it for $900. Subsequent examination by the Government Chemist revealed it to be 12.95(12.99?) grammes of powder containing 10.65 grammes of ketamine.

4.  You are a man of hitherto clear record. As you will recall on the first occasion that you entered your plea of guilty, I adjourned the case for a probation officer’s background report. That report is now before me and has been explained to you, understood by you and agreed by you. I have also read and taken into account the letter that you wrote me. That will be part of your mitigation.

5.  Mr Tang, on your behalf, has entered mitigation. He tells me that you are truly remorseful. Your family, including your girlfriend, are here today to offer support. He emphasises your youth and clear record; also your co-operation with the police at the time of your arrest and of course your early plea of guilty. He tells me that you fully appreciate that a substantial prison sentence is inevitable but begs for leniency.

6.  I understand that the sentencing guidelines have been explained to you. In sentencing you, I have taken into account the nature of the charge, the facts - especially the amount of ketamine, which was just over 10 grammes - the mitigation advanced and the contents of the probation officer’s background report.

7.  Whilst trafficking is a very serious and despicable offence, I do accept that your remorse is genuine. I do note your co-operation and admissions made to the police at the time of your arrest. I note also your relative youth, you being only 21 years of age, and that you are of clear record. That you still have the support of your family and your girlfriend is both positive and encouraging.

8.  The case of Secretary for Justice v Hii Siew Cheng, CACC126 of 2007, lays down the guidelines for such offences. For the amount of ketamine involved in this case, the guideline sentence is one of 4 to 6 years as a starting point, although I do note that this case is right at the bottom of the quantity scale being just over 10 grammes. However, I have taken into account all the mitigating factors I have mentioned, including the nature of your admissions that this was partially for self-consumption and partially for sale, not totally for sale.

9.  In view of the all the mitigating factors, I am taking a lower starting point than that recommended. The starting point I am taking is one of 3 years and 3 months’ imprisonment (39 months). You are entitled to one-third discount for your plea of guilty. One-third discount is 13 months, which takes it down to 26 months. You will go to prison for 26 months.