HKSAR v. LAM CHUN YIU

DCCC 530/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 530 OF 2013

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

2.  You admitted that on 9 March 2013 outside the ground floor of No.14 Cedar Street, Mong Kok, Kowloon, you unlawfully trafficked in 38.27 grammes of a powder containing 31.08 grammes of ketamine.

3.  On that material day, officers who were in plainclothes were patrolling along Cedar Street.  As they saw you stop at No.14 and looking around in a furtive manner, they intercepted you.

4.  They found the drugs in your right front jeans pocket.   They were contained in one large transparent resealable bag containing 15 smaller transparent resealable plastic bags.

5.  You were arrested for trafficking in a dangerous drug and, under caution, you told the officers that you intended to share the ketamine with your friends for fun.

6.  The police estimate that the street value of the ketamine found upon your person was $4,630.67.

7.  Defendant, your solicitor Mr Jonathan Man has made full and thorough mitigation on your behalf and I have taken into account all that he has had to say.

8.  You are 22 years of age and are of clear record. You were educated up to Secondary 5 and nine months prior to March, on the date of the commission of the offence, you had been working as a construction worker, earning $8-9,000 a month.  You are single and live with your parents and younger brother, who is now 15.

9.  Mr Man has rightly pointed out that the tariff for trafficking in a dangerous drug, ketamine, is set out in the case of Hii Siew Cheng.  The drugs fall within the bracket of 10 to 50 grammes, of which a starting point of 4 to 6 years after trial is appropriate.

10.  Mr Man has also correctly pointed out that your strongest mitigating factor is your very early plea of guilty; that is, admitting it to the police and, of course, the court as soon as you made your appearance.

11.  Your letter to the court shows me that you are remorseful for your misdeeds and you hope to right yourself when you are released from prison to help your family and set a good example to your younger brother.

12.  Taking into account the amount of drugs involved, the lower end of the starting point is appropriate in those circumstances, had I convicted you after trial I would have imposed a sentence of 5 years’ imprisonment.

13.  You have pleaded guilty, hence credit must be given. One-third of that term shall be discounted. In the circumstances, you shall be sentenced to 3 years and 4 months’ imprisonment.