HKSAR v. Lam Kwok Kwong

HCCC 281/2018

[2019] HKCFI 757

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 281 OF 2018

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:

All right, defendant please stand up. The defendant has pleaded guilty to one count of trafficking in dangerous drugs in the Magistrates’ Court. He is committed to this court for sentence.

Summary of Facts reveal the following. In the evening on 16 January 2018, the defendant was intercepted by one uniformed police officer at the staircase of one building at Mong Kok, Kowloon. He was then searched by this police officer. Inside his trousers’ pocket, four bags of heroin, with a total weight of 84.9 grammes of heroin were found.

The street value is estimated to be in the region of HK$84,000.

The defendant admits that he possessed those heroin for the purpose of trafficking.

The defendant is 52, unemployed at the time. He is married with one daughter, now aged 6. It is submitted on his behalf that because of financial difficulties, the defendant succumbed to the temptation of his previous dubious peers and agreed to deliver the drugs for a reward of HK$2,000. So in short, he committed the present offence simply for financial gain.

The present offence in fact, is not the first offence the defendant had committed. He had committed his first offence when he was 17. In fact, the defendant has a number of 15 convictions, two related to the possession of dangerous drugs.

A mitigation letter has been submitted by the family and essentially, the family asked for leniency from this court. I understand the request by the family. However, I am afraid I am not in a position to accede to that request. Personal circumstances, they have little role in an offence as serious as the present one. I hope you soon turn a new leaf and by the time you are discharged from the prison, you still have plenty of time to look after your daughter. I am sure your daughter is the gem of your love.

Guidelines on sentencing are clear. Starting point for trafficking in 84.9 grammes of heroin is one closed to 9 years’ imprisonment. Although the defendant has a number of previous convictions, I am not going to enhance the sentence significantly in the present case. I adopt the 9 years’ imprisonment as the starting point and because of the plea, in this case, the defendant is therefore sentenced to 6 years’ imprisonment.

All right, so for the offence which the defendant stands convicted, he is sentenced to 6 years’ imprisonment.