HKSAR v. LAI TZE KEUNG

HCCC 147/2018

[2018] HKCFI 2439

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 147 OF 2018

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

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COURT:

Mr Lai, you have pleaded guilty today to one count of trafficking in dangerous drugs in 31.2 grammes of methamphetamine hydrochloride, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. You pleaded before the magistrate on 30 April 2018 and you are, therefore, formally convicted upon that plea today.

You were found to have that ‘Ice’ on you on 15 August of last year, when you were stopped and searched in the lift lobby of the 19th Floor of Lai Tat House, Block 3, On Tat Estate, No 3 On Chui Street in Sau Mau Ping. You were found to have on you six packets of ‘Ice’ in your trouser pocket.

In your video-recorded interview, you said you had purchased the drugs from ‘Sher Chai’ and intended to sell, I understood, one bag and consume the remainder. Although, today, Mr Sadhwani has very frankly said on your behalf that you clearly intended to attempt to sell all of what you had purchased that evening; and if you were not able to sell it, then you may very well have consumed it.

You say you paid 5,000 for the drugs that evening, but the street value of what you had in August of 2017 was, in fact, $13,170.

Mr Sadhwani mentions in his written skeleton that the court should take into account the fact that you were a regular customer and that this was a bulk purchase which would account for the value that you paid.

You did say in your VRI that the drugs were packaged so that one package was 27 to 28 grammes and the others would have been approximately one or just above one gramme each and I take the view, as you will have realised from the discussion with your counsel and prosecuting counsel, that it is likely that if you had consumed anything, it is likely that you may very well have consumed the smaller amounts of drugs contained in the five individual packets.

You are 44 years of age and a resident of Hong Kong. You say you were a decoration worker at the time of your arrest and earning about $15,000 per month which is very good considering only five months previously, you had been discharged from prison. You have told the court, and the court accepts, that you were a drug addict.

Mr Lai, you have a criminal record going back to 1987 when you were just 16 years old. You have matters which include dishonesty and violence, as well as drug related offences. There are four matters relating to possession of dangerous drugs, one of which was in 2016 and one for trafficking in dangerous drugs in 2012 for which you received at that time 40 months’ imprisonment. You have over a period of years received a fine, probation, community service, DATC and imprisonment, but you are still reoffending.

Mr Sadhwani on your behalf has told the court just about all that he could possibly do on your behalf and I accept what he says and what has been said in the letter from your sister about your family background and the fact that you have now re-engaged with your siblings.

The relevant sentencing guideline for the offence of trafficking in ‘Ice’ in August 2017, is HKSAR v Tam Yi Chun [2014] 3 HKLRD 691. For trafficking in between 10 grammes and 70 grammes of ‘Ice’, the sentencing range is between 7 and 11 years. So for trafficking in 31.2 grammes of ‘Ice’, I consider an appropriate starting point in all the circumstances of this case to be 8 years and 4 months.

I have taken into consideration that which Mr Sadhwani has said on your behalf and I have already explained what I consider is the likelihood or possibility that you may have consumed some part of the drugs if you had not been able to sell it and I commend you for being full and frank about that. Because you have been full and frank and realistic with the court, I will give you the benefit of the doubt and I do take the view that you may have consumed what was in the smaller package which was approximately 5 to 6 grammes and I have taken that off of the weight of the drugs that were found in your possession and adjusted the sentence from the guidelines accordingly reducing the 8 years, 4 months starting point by 4 months to 8 years.

I am afraid that is not a great deal, but that is what the guidelines suggest. Unfortunately, nothing else has been said on your behalf which would warrant a more lenient course than would otherwise be the case and so the sentence I pass on you, after you obtain a full one-third discount for your early and timely plea is, therefore, one of 5 years and 4 months.