HKSAR v. Tam Chun Hung

HCCC 208/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 208 OF 2017

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

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COURT:

Mr Tam, you have pleaded guilty to one count of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, in that you trafficked in 25.79 grammes of methamphetamine hydrochloride, or ‘Ice’, and 0.71 grammes of herbal cannabis on 12 December 2016 and you are formally convicted on that plea.

The Summary of Facts has been read out to you and you have agreed that it forms the basis of your plea today. In short, your home address was searched and the police found 23.5 grammes of ‘Ice’ within a black box on the 1st floor and a further 2.26 grammes of ‘Ice’ in your bedroom. A further small amount was found in the kitchen area as well as herbal cannabis. On arrest, you had said that the ‘Ice’ was for your self-consumption, that is between yourself and your partner. A significant amount of drugs paraphernalia was found for self-consumption both on the 1st floor and on the ground floor, but also electronic scales and resealable plastic bags were recovered.

In interview, you said you had purchased the drugs for $4,500 from someone in Mong Kok which is about half of the estimated value of the $8,975 for the ‘Ice’ recovered. But I do note that you said that some of what was recovered was left over from a previous purchase. The cannabis recovered was of nominal value as you have heard Ms Chan submit. You maintained though that you were dealing in herbal cannabis and not the ‘Ice’, although by your plea today, you have accepted that you were in fact trafficking in both drugs.

You are 43 years of age, single and living alone. Although I do note from the papers that you appear to have a partner. You received education up to Form 5 and you have been employed as a salesperson throughout, earning $15,000 per month. You have previously been before the court for possession of dangerous drugs in 2014, for which you received an 18 month immediate custodial sentence. That must have been a significant quantity for such a period of imprisonment on a first offence, and in any event, it did not teach you a lesson.

You say you are addicted to ‘Ice’ and you have been for four years. You ask the court to accept that just 1 gramme of that was for self-consumption and the prosecution do not gainsay that. No doubt the same would be said for the herbal cannabis as there was very little recovered, but you have not asked for that to be taken into consideration in the same way.

The guidelines for sentencing for trafficking of ‘Ice’ have been laid down in HKSAR v Tam Yi Chun [2014] 3 HKLRD 691. For trafficking in between 10 and 70 grammes, the range of sentencing is between 7 and 11 years, and for 24.79 grammes, because I have deducted 1 gramme, the starting point after trial is 8 years.

There was a small amount of herbal cannabis which must also be considered. I do not propose to add that to the weight of the ‘Ice’ to achieve an appropriate starting point as the difference between the two drugs is so different. I propose to deal with it on its own, and then look at the appropriate overall sentence in the circumstances of this case, including the latent risk factor because you were dealing in two drugs, and I therefore propose to add 3 months to the starting point for the ‘Ice’, making the whole sentence one of 8 years and 3 months.

There are unfortunately no mitigating features which can reduce that sentence, save for the one-third discount which you should receive, of course, for your timely plea of guilty.

Mr Tam, you will go to prison for a period of 5 years and 6 months.