HKSAR v. Lam Sheung Nam Cobe

HCCC 273/2018

[2019] HKCFI 1130

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 273 OF 2018

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

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COURT:

Defendant, on 27 August 2018, you pleaded guilty to an offence of trafficking of dangerous drugs at the Eastern Magistracy. As result of your plea of guilty, you were committed to the Court of First Instance for sentence.

Defendant, you admitted that on 29 December 2017, outside Shatin Town Hall at Shatin, New Territories, you unlawfully trafficked in 27.8 grammes of a crystalline solid containing 25.3 grammes of methamphetamine hydrochloride, this drug commonly known as ‘Ice’.

At about 8.55 pm that day, you were standing outside Shatin Town Hall. Police officers approached you for inquiries and took you to a nearby public toilet and searched you. Upon search, the drugs as stated in the charge were found in one plastic bag inside your left blazer pocket. You were arrested and cautioned for trafficking in dangerous drugs and you stated, “Ah Sir, the packet of dangerous drugs ‘Ice’ I got it for $15,000 and I intended to sell it at $17,000, earning only $2,000. Give me a chance”.

In a video recorded interview taken from you thereafter, in gist, you admitted that at the time you were waiting outside the town hall, you had previously arranged to meet a person called “Ah Sze” to sell this bag of dangerous drug to him.

The estimated street value of the drugs seized in December 2016 was approximately $12,565.60.

Defendant, you are 42 years of age, have received up to Form 1 education and at the material time, you were unemployed. You have 15 previous convictions of which seven are related to drugs, five of which are for possession of dangerous drugs, two are similar to the present offence of trafficking in dangerous drugs. The last conviction for trafficking was in 2002 to which you received a sentence of 4 years’ imprisonment.

Ms Queenie Ng, your counsel, has submitted full written mitigation on your behalf and in her mitigation. She has explained that on 24 October 2017, you sustained injury at work to your backbone. As result of that, you became unemployed and lived off some compensation from your former employer and contributions from your father. As result of financial constraints and in order to obtain quick money, you committed this offence.

Your girlfriend who has been your co-habitant for the past 15 years and of whom you have a daughter with, has written a letter to this court, informing me that you are a very good husband and father to your two children who are 11 and 14. She explains that whilst you have been in custody and due to your children coming in their teenage years, she is having some difficulties in that they are not as obedient with her as they are with you. She is worried about their behaviour and their susceptibility to bad influence from peers and thus urges this court leniency to allow you to resume your role as father to the children as soon as possible.

As correctly stated by Ms Ng, the guideline case for trafficking in the drug ‘Ice’ is that of HKSAR v Tam Yi Chun. The strongest mitigating factor, defendant, is your early plea of guilty and for that you warrant a one-third discount.

Defendant, you were trafficking in 25.3 grammes of ‘Ice’. Although you have two previous convictions for trafficking in dangerous drugs, I shall not consider that an aggravating factor such as to enhance the starting point I will impose, as those offences were committed more than 15 years ago.

In the circumstances, had you been convicted after trial, in trafficking in this amount of ‘Ice’, I would have taken a starting point of 8 years’ imprisonment. Giving you a full credit for your plea of guilty, that term shall be reduced to one of 5 years and 4 months’ imprisonment to which you shall serve.