HKSAR v. LAI WAI NAM

DCCC288/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 288 OF 2011

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Reasons for Sentence

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

2.  You have admitted that, on 18 January 2011, outside Flat G, 1st Floor, Tung Po Building, Pak Tai Street, To Kwa Wan, Kowloon, you unlawfully trafficked in 9.87 grammes of a powder containing 7.45 grammes of ketamine. 

3.  Just after midnight, at about 20 past midnight, police officers were conducting an anti-dangerous drug operation inside Tung Po Building.  A couple of minutes later, when they reached the staircase, they saw you opening the staircase door.  When you saw the police officers you looked nervous, turned around and returned to the corridor on the 1st floor.  You were intercepted by the officer outside Flat G on the 1st floor.  The police officer then searched you and found in your right jacket pocket one plastic bag containing the dangerous drugs as stated in the charge sheet.

4.  You were arrested and cautioned.  Under caution you admitted that you knew that the drugs were ketamine.  You claimed that it was for your own possession. 

5.  The police officers then took you back to your flat at Room D, Flat G, on the same floor.  When they searched the premises they found one plastic bag containing 65 plastic bags; another plastic bag containing 80 plastic bags; and an electronic scale.  You were further cautioned, and you admitted that those plastic bags and electronic scale belonged to you.  The drugs, the plastic bags and the electronic scale were for the purposes of trafficking.

6.  At the time of your arrest you had in your possession $16,000 cash.  The estimated street value of the drugs found upon you was $1,125.

7.  Defendant, your solicitor Mr Walter Liu has made detailed mitigation on your behalf.  I have taken into account all that he has had to say for you.  You are 22 years of age and have two previous convictions, both of which are for possession of dangerous drugs.  On the last occasion in 2009 you were sentenced to DATC.  At the time of your arrest you were unemployed.  You are single. 

8.  Defendant, I have been informed by Mr Liu that prior to your unemployment in January this year you were gainfully employed.  You had previously been working for a music production company, and also worked as a clerk in an engineering company which did work on construction sites.  Both employers have written letters to me, informing me about your past performance.  They have said that you are a responsible and honest person, and you have shown regret for what you have done. 

9.  Mr Liu has rightly pointed out to this court that the guidelines for trafficking dangerous drugs have been laid down by the Court of Appeal in the case of Secretary for Justice v Hii Siew Cheng.  The amount of drugs that you had upon you for trafficking falls within the second bracket of between over 1 gramme to 10 grammes, which warrants a sentence of 2 to 4 years' imprisonment should you have been sentenced after trial.  You were trafficking in 7.45 grammes of ketamine. 

10.  Taking that into account, and of course I accept that your strongest mitigating factor is your plea of guilty, I sentence you to the following sentence.  Had I convicted you after trial, defendant, I would have taken a starting point of 39 months' imprisonment.  Giving you full credit for your plea of guilty, I reduce that term by one-third.  You are sentenced to 26 months' imprisonment, which is 2 years and 2 months’ imprisonment.