HKSAR v. LAM KAI MING

DCCC 488/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 488OF 2013

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Reasons for Sentence

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Charge and facts

1. The defendant pleads guilty to trafficking in assorted dangerous drugs.

2. In the evening on 18 February 2013, the police were on duty in the vicinity of Nam Cheong Street, Sham Shui Po.  They saw the defendant acting furtively on the 3^rd floor of the building at 170 Nam Cheong Street.  When they approached him for enquiry, he dashed down the staircase into the street.  The police declared their identity and instructed him to stop. Despite that, he ran on until he fell down at 164 Nam Cheong Street.  A body search revealed 1 transparent resealable plastic bag containing crystalline solid of ketamine and 5 keys, one of which could open the door of his residence.  After arrest and caution for trafficking, he admitted helping others to bring drugs to earn money. 

3. A search of his rented residence at Flat A, 3^rd Floor, 170 Nam Cheong Street, revealed the following items:

(1) A number of transparent resealable plastic bags;

(2) An electronic weighing scale;

(3) Ketamine, methamphetamine hydrochloride (“Ice”), and cocaine in bags.

4. Including the bag of drugs found on him, the drugs were contained in 21 packets and in terms of narcotic content in total as follows:

(1) 2.99 g of ketamine;

(2) 4.6 g of Ice;

(3) 0.77 g of cocaine.

5. The estimated street value of all the drugs was over $4,700.  The defendant had $3,000 and 3 mobile phones on him. 

6. In a subsequent interview under caution, he said that the drugs actually belonged to himself and he was going to sell them to others to earn money, and that he did not have the habit of consuming drugs.  

Personal background and mitigation

7. He is 38 years of age, f. 1 education.  He lives with his girlfriend.  He was unemployed at the time of arrest.  He has various criminal records.  For trafficking he was sentenced to 14 months in 2005 and to 5 years in 2007.  He is a recidivist drug trafficker.  This is an aggravating factor in his sentence.  

Sentencing guidelines for trafficking

8. For 1 – 10 g of ketamine, the sentence shall be 2 – 4 years[1]. For up to 10 g of Ice, the sentence shall be 3 – 7 years[2]. For up to 10 g of cocaine, the sentence shall be 2 – 5 years[3].

Sentencing this defendant

9. On the basis that he was selling the drugs on his own account and his being a recidivist, I take a starting point of 4 years.  I reduce it by one-third for his plea of guilty.  There are no other mitigating factors.  His sentence is 32 months.