HKSAR v. Lee Hung Kam

DCCC157/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 157 OF 2010

--------------------

--------------------

---------------------------------

Reasons for Sentence

---------------------------------

1.The defendant has pleaded guilty to two charges of trafficking in a dangerous drug and one charge for possession of apparatus fit and intended for inhalation of a dangerous drug.  The facts he admitted are summarised as follows.

1st Charge

2.At night time on 10 December 2009, a team of police officers mounted an anti-drugs operation and kept the defendant’s premises at Room 414, Ming Yan House, Ming Nga Court (the “Premises”) under observation.  PC5026, PW2, acted as a decoy buyer in contacting the defendant.  At around 8.43 pm, PW2 contacted the defendant by phone and the defendant offered to sell “Ice” to PW2.  PW2 later met up with the defendant outside Shin Kwan House at around 9 pm and the defendant handed a  plastic bag of dangerous drug, P1, to PW2.  PW2 paid $300 to the defendant.

3.At this juncture, police officers who laid ambush nearby turned up to intercept the defendant.  The defendant tried to escape but was eventually subdued by the police.  He was arrested for trafficking in a dangerous drug.  Under caution, he admitted that he owed Ah Wing a sum of $15,000.  He, therefore, helped Ah Wing sell dangerous drugs in order to repay the debt.  He secured a supply of “Ice” from Ah Wing and sold Exhibit P1 to PW2 for $300.

2nd and 3rd Charges

4.At around 10.15 pm, the defendant’s girlfriend was seen returning to the Premises.  The police intercepted her outside the Premises and a search was subsequently conducted inside the Premises.  Upon search, the police found items in the living room, including, inter alia:

(1)    six plastic bags, P2-4, containing the dangerous drugs in the 2nd charge;

(2)    the inhaling devices for dangerous drugs, P5-7, particularised in the 3rd charge;

5.At a subsequent interview, the defendant stated that the Premises was rented under the name of his girlfriend but he paid the rent.  All the dangerous drugs and packaging paraphernalia found at the Premises were given to him by Ah Wing.  He had been coerced by Ah Wing to traffic in dangerous drugs in order to repay his debt. 

6.P1 contained 0.27 gramme of a crystalline solid containing 0.26 gramme of methamphetamine hydrochloride.  P2 to 4 contained a total of 5.67 grammes of a crystalline solid containing 5.39 grammes of methamphetamine hydrochloride.

7.The defendant is aged 45.  He has five previous convictions, three of which for possession of dangerous drugs.  His personal and family background are unremarkable.

8.Trafficking in dangerous drugs is a very serious offence.  For “Ice”, the Court of Appeal has laid down sentencing guidelines in the case of Ching Kwok Hung.  Where the quantity is up to 10 grammes, the sentence should range from 3 to 7 years’ imprisonment.

9.I, therefore, take 3 years as the starting point for the 1st charge and 4½ years for the 2nd charge.  Though the two charges are separate offences, they were committed in closely connected facts and on the same day.  I would, therefore, calculate the overall starting point by combining the weights of the “Ice” in the two charges.  When all the drugs are added together, the quantity of drugs in Charge 1 becomes negligible.  I would still use 4½ years as the overall starting point for these two charges.

10.For the 3rd charge, I adopt 3 months’ imprisonment as a starting point.  Of course I take the principle of totality into consideration.  In my judgment, the overall sentence in this case should still be 4½ years.

11.The sentences in these three charges should therefore run concurrently.

12.The defendant said that he had been coerced by Ah Wing to traffic in dangerous drugs in order to repay his debt.  There is no such thing as coercion for traffickers.  The defendant cannot use his financial difficulties as an excuse for his wrong.  While I have sympathy for the defendant’s aged mother and his other family members, traffickers of dangerous drugs can expect no mercy from the courts.  I cannot see any reasons to reduce the sentence except the defendant’s own plea of guilty, for which he will get a one-third discount.

13.The defendant is sentenced as follows:  1st charge, 2 years’ imprisonment; 2nd charge, 3 years’ imprisonment; 3rd charge, 2 months’ imprisonment.  The sentences in all charges shall run concurrently.  The total term of imprisonment is 3 years.