HKSAR v. Tam Ka Mun, Carman

HCCC 59/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 59 OF 2015

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

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COURT: The defendant pleaded guilty to one count of trafficking in 27 grammes of “Ice”. At about 9 pm on 22 August 2014, a team of police officers went to Liko Amusement Game Centre at Ground Floor, No 499, Shanghai Street, Mong Kok for inspection. They felt suspicious about the defendant. Two woman police officers searched her at the toilet of the game centre. They found two packets of “Ice” concealed inside her bra.

She admitted under caution that the “Ice” was for her own consumption. The estimated value of the “Ice” was about $12,000. The defendant is 36, she has five previous convictions, three of which were possession of a dangerous drug. She was last sentenced to 2 months’ imprisonment suspended for 12 months for possession of a dangerous drug in 2008.

She received education up to Form 2 and worked in a hair salon. She later became a night club hostess. She got married with a mainlander in 2006. She however had another relationship with a construction site worker in Hong Kong and gave birth to two daughters. At the time of the offence, she was unemployed, receiving CSSA of about 15,000 per month. She admitted earning some additional income by providing sexual services to support her drug addiction.

The defendant claimed that about two-third of the “Ice” found was for her own consumption. She, however, elected not to have a Newton inquiry.

The defendant claimed that she had $350 with her on the day of the offence. She provided sexual services to a customer who gave her $6,000. She then bought the “Ice”, in this case, for $2,500. That explain the $3,850 found on her.

Ms Yip, counsel for the defendant, pointed out that there was no packaging paraphernalia found in her home, and there were only two packets of “Ice”.

The prosecution doubted the large discount given to the defendant in the purchase of the dangerous drug. It was about 80 per cent discount. However, the previous record of the defendant did support the claim that part of the “Ice” was for her own consumption.

In my view, the $6,000 earned on the day of the offence was a very generous reward, and too much a coincidence. Further, the large discount she obtained was not credible albeit that there was no direct evidence on this issue. I adopt the principle set out in HKSAR v Tsang Chung Keung [2015] 1 HKLRD 450, that when part of the drugs are for the trafficker’s own consumption, the ensuing discount should be 10 to 25 per cent of the basic starting point.

Having considered all the factors in this case, a 15 per cent discount for the claim of self-consumption is appropriate. For the 27 grammes of “Ice”, the starting point should be 8 years and 2 months’ imprisonment, according to Tam Yi Chun CACC 524/2011. 15 per cent reduction for self-consumption, it brings the basic starting point to 83 months’ imprisonment. I give one-third discount for the plea, that is, 28 months. I sentence the defendant to 55 months’ imprisonment, that is, 4 years and 7 months.