HKSAR v. Lam Chun Yip

DCCC908/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 908 OF 2008

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Before:   Deputy District Judge W.C. Li

Date:     25 February 2009 at 9.39 am

Offence:  Trafficking in a dangerous drug (販運危險藥物)

Reasons for Sentence

1. This defendant is 19 and has a clear record.  He pleaded guilty to simple possession.  After trial, I found him not guilty of trafficking.

2. I noted that the amount of ketamine involved is quite huge, a mixture, something like 63 grammes with a purity of 28.52 grammes.  The street value would be quite high as well, I think. 

3. The option in sentencing this defendant lies between sending him to gaol and the other option as could be seen in the DATC report is to send him to DATC.  And of course if I choose the gaol option, I will have to take into account the latent risk factor.  The latent risk factor means that if you have such a huge amount, you may disperse some of them to other people or share or sell them. 

4. In view of the defendant's age, his clear record and his plea, I think this court prefers a rehabilitative approach.  I agree with Mr Polson that the defendant seems to have a supportive family.  And of course the Christian fellowship is also very keen to extend their help to this family and to the defendant.  It is worth a try.  I therefore sentence the defendant to DATC and the conviction will be recorded.