HKSAR v. LAM TO MING

DCCC429/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 429 OF 2011

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Reasons for Sentence

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1.  Defendant, you pleaded guilty to a single offence of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

2.  You admitted the facts and I convicted you.

3.  Those facts are as follows.  At about 2.25 pm on 25 February last, SPC 47421 spotted you acting furtively at Canton Road in Yau Ma Tei.  He intercepted and searched you.  He found a transparent plastic bag containing 60 small packets of suspected dangerous drugs, that is E1, in your right trousers pocket. 

4.  You were arrested and cautioned.  You admitted being unemployed and had taken the dangerous drugs to sell in Yung Shue Tau Park. 

5.  Subsequently, videoed under caution, you admitted the following:

1. that you met an unknown male who directed you to pick up the white powder from the address in Canton Road for distribution at Yung Shue Tau Park;

2. you were to sell it for $140 per packet, earning $10 for every packet that you sold; and

3. that P1 was seized by the police during the search.

6.  Subsequent analysis revealed it to contain 9.88 grammes of a mixture containing 8.10 grammes of heroin hydrochloride.  The estimated street value was $7,726.  A relatively small amount of cash was found in your possession.

7.  You admitted to three previous convictions, one involving dangerous drugs, plus a breach of a probation order.      

8.  On your behalf, Ms Chan entered brief mitigation. I do not mean that critically because there was little to be said.  She told me your employment history and how prior to the offence you was unemployed.  The reason for this was that the cleaning company for which you worked had closed down.  She told me you committed this offence because by that time you had become dependant again on drugs and you were enduring financial hardship.

9.  Referring to your family, she said that your parents were both alive and unemployed.  The family was supported by your younger brother and younger sister.  She informed me that you had been told about the tariff and I was asked for leniency.

10.  I turn now to the sentence. 

11.  This is a very straightforward case.  You have a relatively light record and I recognise that.  There is only one previous involving dangerous drugs.  Given the amount of heroin involved in this case, which is just over 8 grammes, the tariff falls within the range of 2 to 5 years.  8 grammes is towards the top of the range.

12.  The only significant points in mitigation are your plea of guilty and that you were cooperative with the police on arrest. 

13.  Taking all factors into account, I take as a starting point 4 years’ imprisonment, that is 48 months, reduced to 32 months for your plea of guilty.