HKSAR v. Lam Ka Wai

HCCC 330/2017
[2018] HKCFI 280

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 330 OF 2017

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

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COURT:

Defendant, on 4 September 2017, you pleaded guilty at the Eastern Magistracy before a magistrate to a charge of trafficking in dangerous drugs. You have been committed here to the Court of First Instance for sentence. You admitted that on 3 January 2017, at Flat E, 3rd Floor, Kweilin House, Tsuen Wan Centre, you unlawfully trafficked in 92.2 grammes of a solid containing 81.1 grammes of cocaine, 13.3 grammes of a powder containing 11.8 grammes of cocaine and solid containing 140 grammes of ketamine.

In the evening of 3 January 2017, police officers in plain clothes laid ambush outside this flat as stated in the charge. When you were about to enter the flat, the officers approached you and revealed their identity. The officers executed a search warrant in respect of that flat. They then escorted you into the flat. At that time, there was another male in the living room of the flat. When inside, there were two bedrooms. You admitted that the locked bedroom was your bedroom. You surrendered the key to the bedroom to the police and it was taken from your jacket pocket. With the key you gave to the officers, they gained access into the bedroom. Inside a drawer in the bedroom, the drugs as stated in the charge were found. There were 63 plastic packets containing 13.3 grammes of a powder containing 11.8 grammes of cocaine. There were four plastic bags containing a total of 92.2 grammes of a solid containing 81.1 grammes of cocaine. There were 24 plastic bags containing 308 grammes of a solid containing 140 grammes of ketamine which makes a total of 91 packets or bags of drugs. Also found were two electric scales containing traces of a powder containing cocaine and a tenancy agreement in your name that you had rented this flat for $10,000 a month from 23 July 2016 to 22 July 2018.

In your video-recorded interview, when you were arrested for trafficking and cautioned. You explained that you were in effect packaging and trafficking in these drugs. However, part of the drugs were for your self-consumption and part was for earning a living by selling them.

In January 2017, the retail value of the cocaine and ketamine in this case was $95,000 and $85,000 respectively, making a total value of both drugs of approximately $180,000.

Defendant, at the time of commission of this offence, you were 20 years of age. You are now 21. You have one previous conviction to which you were sentenced to 34 months for robbery in 2013. This is not therefore your first brush with the law. You were discharged from prison in September 2015.

It appears from what you what counsel, Mr Wong Hei-yiu, had said shortly after you were discharged from prison, you became addicted to ketamine. That is from the age of 19. And as you said in your record of interview that as a result of your dependency on drugs, you committed this offence to earn quick money and support your own drug habit. You have expressed in your letter to me your regret for committing this offence and for permitting yourself to be influenced by your bad peers. You also have said that you regret hurting your family and appreciate their support for you whilst you have been remanded in prison and have promised to turn anew when eventually you are released. Your aim is to lead a new life, turn a new page and to take care of your father who is 65 and mother who is 64.

Your parents have written a heartfelt letter to this court regretting that you have gone astray and how difficult it has been for them. Nevertheless, they have supported you and see that at times when they visited you, you are very remorseful as you cried very much. They asked this court to treat you leniently and hope that you will turn anew in the future. As it can be seen by the attendance of your parents, your elder brother and sister, you have a very supportive family. You are fortunate that is so. I do hope that you treasure this opportunity that you do have from their support to not only when you are released but whilst you are serving your term imprison to really make good your promise to turn anew.

Mr Wong, your counsel, has said that for trafficking in this offence, there are tariff guideline cases laid down by the Court of Appeal. He has correctly asked me to take a combined approach and conversion method in regards to the two different types of drugs.

Defendant, you were trafficking in a total of 92.9 grammes of cocaine. According to the tariff case of Lau Tak Ming, had you been convicted after trial, an appropriate starting point would be one of 9 years’ imprisonment. You were also trafficking in ketamine. That is 140 grammes of ketamine. In following Hii Siew Cheng, if you were convicted after trial, the appropriate starting point would be one of 7 years’ imprisonment.

However, in sentencing you, I will take a combine approach and sentence you on a total quantity of drugs and convert the ketamine to an equivalent of cocaine. In converting 140 grammes of ketamine. That would be equivalent to approximately 37 grammes of cocaine. Therefore, in adding 37 to 92.9 grammes of cocaine. That would equal to 129.9 grammes of cocaine. That is the amount which I would take as the quantity and the starting point, had you been convicted after trial for that quantity, would be one of 10 years’ imprisonment. You pleaded guilty at the first opportunity and therefore I shall give you a one-third discount and you should be sentenced to 6 years and 8 months’ imprisonment.