HKSAR v. Lam Kit

HCCC 28/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 28 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 had pleaded guilty before me to one count of trafficking in a dangerous drug, namely 935.92 grammes of a crystalline solid containing 907.91 grammes of methamphetamine hydrochloride, and the 2nd count of possession of a dangerous drug, namely 8.82 grammes of a crystalline solid containing 8.49 grammes of methamphetamine hydrochloride.

The facts which has been admitted to reveal that on 28 July 2014, the defendant was intercepted by Customs at the Lo Wu Control Point. Upon a search of his shoulder bag, the drugs, which is the subject matter of the 1st charge, were found.

The defendant was arrested and under caution he said that the drugs were for delivery to someone on the platform of Lo Wu Station and that he would be rewarded with $2,000.

On the same day, the defendant was brought to his home in Shanghai Street, Mong Kok, for a house search. Keys which were found on the defendant was used to open a room inside that building, and in that room were found on a small table plastic bags containing ‘Ice’, and also in the trouser pocket of the left pocket hanging on the bedroom door were two plastic bags containing ‘Ice’ also. The defendant said under caution that those ‘Ice’ that were inside his room were for his consumption.

The street value of the total drugs that were found on that day was about HK$423,243.52 in July of 2014.

The defendant is aged 57 and has two previous criminal records: one was a very minor offence of gambling in 1988 and one was in 2000 for possession of dangerous drugs for which he was fined.

In a less than helpful mitigation made by Ms Lai, I am told that the defendant committed this present offence because of financial reasons. It is submitted on his behalf that he suffers from severe asthma and I am urged by Ms Lai to adopt a lower starting point because of this reason. This is not a reason for adopting a lower starting point.

The only reason that I can see for adopting a lower starting point is that this will be the first time that the defendant will hear the clang of prison gates. He is aged 57 and this is the first time he has committed such a serious offence and this is a reason which may persuade this court to adopt a lower starting point.

Guideline tariffs have been laid down for trafficking in ‘Ice’, or methamphetamine hydrochloride, in the case of Abdallah and Tam Yi Chun where the Court of Appeal said that for trafficking in between 600 to 1,200 grammes it would merit a sentencing starting point of 20 to 23 years’ imprisonment.

In this case in Count 1, the total amount of ‘Ice’ is 907.91 grammes which would merit a starting point of between 21 to 21½ years’ imprisonment.

As I have said, this will be the first time that the defendant at the age of 57 will be sent to prison, so I will take the 21 years’ imprisonment as the starting point. I will add on top of that 1 year because of the aggravating feature of taking the drugs by the defendant into Hong Kong, so that would make a starting point of 22 years and giving the defendant the full one-third off will therefore bring the sentence down to 14 years and 8 months.

As for the 2nd count of possession of dangerous drugs, I will adopt a starting point of 24 months, and giving the defendant the full one-third discount will reduce the sentence to 16 months’ imprisonment.

Taking into account the totality principle, I will make the 16 months in the 2nd count concurrent to the sentence in the 1st count.

So the defendant will go to prison for a total of 14 years and 8 months.