HKSAR v. Lam Wai Sum

HCCC 398/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 398 OF 2014

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: The defendant has been convicted after trial on one count of trafficking in a dangerous drug.

The Particulars of Offence provide that on 14 April 2014 outside Hoi Yu House, Hoi Fu Court, No 2 Hoi Ting Road, Mong Kok, Kowloon in Hong Kong, the defendant unlawfully trafficked in a dangerous drug, namely 41.53 grammes of a crystalline solid containing 40.87 grammes of methamphetamine hydrochloride.

Very briefly, at around 1.20 am on 14 April 2014, Sergeant 58118 intercepted the defendant outside the location set out in the Particulars of Offence. Sergeant 58118 searched the defendant. From the defendant’s shoulder bag, Sergeant 58118 found three transparent resealable plastic bags containing suspected dangerous drugs.

Upon subsequentexamination by the Government Chemist, the substance was confirmed to be a total of 41.53 grammes of a crystalline solid containing 40.87 grammes of methamphetamine hydrochloride, commonly known as the “Ice” drug.

It was the prosecution case that the defendant possessed the dangerous drug in question for the purpose of trafficking.

It was agreed that the drug had an estimated value of HK$60,903 as in April 2014.

By way of personal background, the defendant is 56 years of age. He was born in Hong Kong in March 1959. He has received education up to Primary 4 level. According to the defendant, he had been a cleaner before, and he received a salary of around $3,000 per month. The defendant is married and his parents have passed away.

The defendant has 27 previous criminal convictions, 18 of which are drug related, including six previous convictions for trafficking in dangerous drugs or possession of dangerous drugs for the purpose of unlawful trafficking.

Realistically, Mr Christopher Wong, counsel for the defendant, was not able to point to any matter in mitigation.

The defendant has been convicted after trial on one count of trafficking in a dangerous drug. The drug involved is 41.53 grammes of a crystalline solid containing 40.87 grammes of methamphetamine hydrochloride.

The offence was committed on 14 April 2014, prior to the Court of Appeal’s decision in HKSAR v Tam Yi Chun [2014] 3 HKLRD 691, which laid down revised tariffs for trafficking in the “Ice” drug. Thus, the applicable guidelines are those set out in the case of Attorney General v Ching Kwok Hung [1991] 2 HKLR 125.

In the Ching Kwok Hung case the Court of Appeal held that for trafficking in between 10 and 70 grammes of methamphetamine hydrochloride, the proper sentence to be imposed after trial should be 7 to 10 years’ imprisonment.

In my view, following the guidelines in the Ching Kwok Hung case and based on the quantity of the narcotic involved, the proper starting point for sentence in the present case should be 8 years and 6 months’ imprisonment.

I can see no mitigation that would justify any discount to be given from that starting point.

Defendant, please stand up.

Defendant you are accordingly sentenced to 8 years and 6 months’ imprisonment.