HKSAR v. LAM KIN WAH

DCCC1063/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1063 OF 2010

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Reasons for Sentence

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

2.  You have admitted that, on 23 July 2010, and at your home in Ho Chung New Village, Sai Kung, New Territories, you unlawfully trafficked in 238.32 grammes of a powder containing 129.5 grammes of ketamine.

3.  This offence came to light as police officers were carrying out anti-narcotics operations on that evening, at about 7.25, in your village.  At that time the police officers saw you coming out from the premises alone.  You were intercepted for enquiries.  Keys were found in your possession, and you were brought up to your home.

4.  The officers gained access to your flat with those keys and found your girlfriend sleeping in one of the bedrooms at the time.  Upon search of the flat the officers found the drugs.  In total, there were 18 transparent packets of drugs. 

5.  You were arrested and cautioned.  You admitted knowing that it was against the law to traffick in dangerous drugs.  In a subsequent video-recorded interview, you told the police that you had come to know a person by the name Ah Kou in February 2010 and since then Ah Kou had been your supplier of ketamine. 

6.  On 20 July you had purchased the ketamine found in your residence from Ah Kou at the price of $9,000.  You had re-packaged them into smaller packets with the intent to sell them to others for a profit.  It was your intention to sell each packet, containing approximately 14 grammes of ketamine, for $800.  You told the police that one small packet containing about 5 grammes was for your own consumption.  The retail value of the ketamine seized from your flat in July 2010 amounted to approximately $28,600. 

7.  Mr Allan, your counsel, has mitigated very thoroughly on your behalf, and I have taken into account all that he has had to say.  He has informed me that you are truly remorseful for your crime, and for that reason you have pleaded guilty, and accepts that that is the strongest mitigation on your behalf.  This is, of course, in the face of the fact that you know that you are going to be facing a very long prison term.

8.  I have taken into account the matters stated in your letter to me, and that your mother is suffering from a long-term illness, cervical cancer, and your father is aging, though fairly young at age 62.

9.  You are 29 years of age, educated up to Form 4, and you have eight previous convictions, of which none are similar to the present charge.  Since your youth some 11 years ago now, you have been given a range of sentences from a fine, probation, community service and detention centre.  I am sure you are well aware of the sentencing options open to the court, and obviously the severity of your crimes as you are getting older.

10.  As Mr Allan rightly accepts and has informed you for this offence of trafficking in ketamine there are specific guidelines laid down by the Court of Appeal.  Those guidelines are laid down in the Secretary for Justice v Hii Siew Cheng.  You fall within the fourth bracket of the guidelines for sentence after trial for traffickers, which is 50 to 300 grammes, with a starting point of 6 to 9 years’ imprisonment. 

11.  There is no mathematical calculation for sentencing in drugs.  That is the general broad guideline the Court of Appeal have set down.  The amount of drugs in your case that you admitted to trafficking was 129.5 grammes.  I also take into account the fact that on the very first instance you were interviewed you admitted that a small packet of 5 grammes was for your own consumption, which I accept.

12.  In those circumstances, given the amount of drugs that you trafficked in, I take the starting point of 6½ years' imprisonment.  However, I give you full credit for your plea of guilty and reduce that term by one-third.

13.  You are sentenced to 4 years and 4 months’ imprisonment.