HKSAR v. Ng Yee Lam

HCCC 296/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 296 OF 2016

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

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COURT:

The defendant has pleaded guilty before me for one count of trafficking in dangerous drugs. The drugs involved are 107.73 grammes of ‘Ice’, 4.46 grammes of cocaine and 9 milligrammes of nimetazepam.

In the evening on 19 November 2015, the police executed a search warrant at a room in Thai Cheong Hotel on Nathan Road. The defendant was found sitting on the bed in the room and the relevant drugs were found inside the room. Under caution, the defendant admitted to the offence.

The defendant is now 26 years old. She was educated to Form 1 level in Hong Kong and has a number of criminal records including three convictions of possession of dangerous drugs for which she was twice admitted to the DATC in 2008 and 2012 respectively.

As accepted by the prosecution, the defendant was a drug dependant when she was arrested. The urine test conducted on her on her admission to Tai Lam Prison was positive for ‘Ice’. According to Ms Chow, counsel for the defendant, the defendant started taking ‘Ice’ when she was 14 and started taking cocaine three years before her arrest. Ms Chow submitted that out of the ‘Ice’ found in this case, 5.79 grammes was for the defendant’s own consumption representing the packet of drugs found inside a cabinet beside her bed. Ms Chow also submitted a letter written by the defendant’s mother to the court, the defendant’s mother blaming herself for the situation of the defendant and asked for the court’s leniency on the defendant behalf.

Trafficking in dangerous drugs is a serious offence and the Court of Appeal has laid down tariffs in respect of the appropriate sentence for different kind of drugs with reference to the quantity of drugs involved. In HKSAR v Tam Yi Chun [2014] 3 HKLRD 691, for trafficking in a quantity of 70 to 300 grammes of ‘Ice’, the appropriate starting point should be 11 to 15 years’ imprisonment. In R v Lau Tak Ming [1990] 2 HKLR 370 and AG v Rojas [1994] 1 HKC 342, for trafficking in a quantity of up to 10 grammes of cocaine, the appropriate starting point should be 2 to 5 years’ imprisonment. In the present case, the most significant quantity of drugs involved is ‘Ice’ and I agree with Ms Chow that a combine approach in sentencing with reference to the tariffs for trafficking in ‘Ice’ should be adopted. The quantity of nimetazepam is insignificant and should be neglected.

Having considered to the cases submitted by Ms Chow on the sentence of trafficking in similar quantities of ‘Ice’ and cocaine. I would adopt a starting point of 11 years and 9 months’ imprisonment and reduce it to 11 years and 3 months to reflect that a small quantity of ‘Ice’ was for the defendant’s own consumption. Giving the full one-third discount for the defendant’s guilty plea, the sentence is then reduced to 7½ years’ imprisonment.