HKSAR v. Lam Yat Long

DCCC 593/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 593 OF 2016

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REASONS FOR SENTENCE

1.The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved is ketamine.

Summary of Facts

2.About 12:35 a.m. on 18 March 2016, police officers stopped the defendant near Exit B of Mei Foo MTR Station.  They brought him to the pavement outside Shop N45B, Ground Floor, No.36 Nassau Street, Mei Foo Sun Chuen for enquiry.

3.Upon search, the police found a red plastic bag in the right pocket of the defendant's jacket.  Inside the red plastic bag was a transparent resealable plastic bag which contained 211 grammes of a solid containing 86.2 grammes of ketamine (E1).

4.Under caution, the defendant claimed that the ketamine was for self-consumption and begged for a chance.

5.In his video recorded interview, the defendant explained that he claimed self-consumption upon arrest because he was worried about a heavy sentence.  He admitted that he was instructed, and was on his way, to deliver E1 to an unknown person in Mei Foo. After successful delivery, he would receive remuneration from the person who instructed him.  The defendant stated that he was not a drug addict.

Mitigation & Sentence

6.The defendant is 18[1] and single.  He has 3 conviction records, none of which is drug-related.  Defence counsel Mr. NG informed me that the defendant is educated up to Form 3.  He resides with his parents and elder sister in a public housing unit.  He previously worked as a waiter earning $10,000 per month.

7.In mitigation, Mr. NG submitted that at the time of the offence, the defendant was unemployed.  He was influenced by undesirable peers to deliver drugs.  Mr. NG further submitted that the defendant's family members were deeply saddened by the present case. His parents are supportive and are willing to assist him in getting back on the right track.  The defendant is willing to face his sentence and is determined to turn a new leaf.  Upon release, he plans to work in a hair salon run by his relative and to become a hairdresser.

8.Finally, a bundle of mitigation letters was placed before me; their contents are duly noted.

9.Drug abuse has always been a problem in our society, and the HKSAR is determined to fight the battle against drugs in all aspects (from education, crime detection to recovery of proceeds of drug trafficking).  A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment even for fresh young offenders, so that there is a deterrent effect.

10.Mr. NG has said all he could on behalf of the defendant.  I accept that as a general principle, rehabilitation (rather than punishment) plays an important role in reforming young offenders.  On the other hand, in the past few years, I have seen a steady (if not increasing) number of teenagers in my court being charged with "drug trafficking".  Many of them were just like the defendant – persons in their late teens being used by others as "couriers".

11.When teenagers realize that the court would not treat young drug traffickers lightly, there would be, hopefully, fewer willing "couriers"; thus making it difficult for criminals to exploit our youngsters.  Unless the quantity of dangerous drugs involved is minor or exceptional circumstances exist, a wrong message would be sent to teenagers if they could avoid imprisonment owing to their age. Undoubtedly, most of them are "used" by bad persons (or so they claim).  That is the reason why we need to make teenagers think twice before they agree to be "used".

12.The Court of Appeal has laid down clear sentencing guidelines for trafficking in ketamine (see  SJ v HII Siew Cheng [2009] 1 HKLRD 1).  For 50 to 300 grammes, the sentence ranges from 6 to 9 years' imprisonment.  The defendant trafficked in 86.2 grammes, the appropriate starting point is 75 months' imprisonment.  A one-third discount is given for the guilty plea, reducing the sentence to 50 months.  As an act of mercy, I further reduce the sentence to 48 months to reflect the defendant's young age.  Apart from this, I see no other mitigating factors which warrant any further reduction.  I sentence the defendant to 48 months' imprisonment.