HKSAR v. Lam Tsz Wa

DCCC472/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 472 OF 2010

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Reasons for Sentence

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1.You have pleaded guilty to an offence of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. You have admitted that on 2 March 2010 at the staircase between the ground floor and first floor of Harilela Mansion, No. 81 Nathan Road, Tsim Sha Tsui, Kowloon, you unlawfully trafficked in 256.64 grammes of a powder containing 26.68 grammes of ketamine.

2.On the day in question at about 2.30 pm, police officers were conducting an anti-dangerous drugs patrol in the vicinity of Nathan Road. They saw you and your girlfriend walking along the road. You were holding her handbag in your right hand and a McDonald’s paper bag in your left hand. You then slowed down whilst your girlfriend continued walking, looked around nervously and swiftly and put the McDonald’s paper bag into the handbag and then caught up with your girlfriend.

3.You were intercepted by the police at the Harilela Mansion and a search was conducted on you. Inside that McDonald’s paper bag was found nine plastic bags of these dangerous drugs. You were arrested and under caution you claimed that the ketamine was for your own consumption and you had put it inside your girlfriend’s bag. It had nothing to do with her. You have, however, today admitted the drugs were in your possession for the purposes of trafficking.

4.Mr Tang, your solicitor, had made very full and detailed mitigation on your behalf and I have taken into consideration all that he has had to say in your plea of mitigation. You have also written me a letter and so has your girlfriend and father in pleading for leniency.

5.You are 26 years of age, born in Hong Kong and have one previous conviction for possession of dangerous drugs to which you were sentenced to probation for 12 months in April 2008. You lived with your grandmother since you were aged four as your parents divorced when you were about that age. Your father went off to China to work and you were left in the care of your grandmother. From what I hear in mitigation, it does not seem that you had much to do with your mother at all. You eventually became a technician at a construction site providing fire protection services. You had earned a good salary of about $28,000 a month. However, as a result of the decrease in business of your employer, you were subsequently released from employment in November 2009. As you had been providing your grandmother’s daily living expenses, you felt obliged as a good grandson to continue to provide her with her living expenses and used your savings and eventually resorted to withdrawing from your credit card. You then of course began getting into debt and in order to pay off your debt you resorted to committing this offence by rekindling your relationship with some bad peers who introduced you initially to drugs when you were convicted in 2008 and again on this occasion.

6.I am informed that you have a very supportive family, your father is here, aged 52, your grandmother is in court today, aged 80, and your girlfriend is here today all supporting you. You wish to have an early reunion with your grandmother and also wish to, as soon as you are released from prison, marry your present girlfriend. You have informed the court that you intend to start a legitimate business and work hard and never commit an offence again.

7.As no doubt you are well aware, you are not new to the law, offences relating to trafficking in dangerous drugs is a very serious offence. The Court of Appeal has laid down guidelines and tariffs for trafficking in certain drugs to which the lower courts such as this court follow in sentencing defendants who traffic in ketamine. Those guidelines are laid down in Hii Siew Cheng and you fall within the third bracket of 10 to 50 grammes of which the starting point after trial is 4 to 6 years’ imprisonment.

8.You have shown yourself to be a very filial son, responsible grandson, caring and loving boyfriend but unfortunately you have committed this very serious offence and the greatest mitigating factor in your favour is of course your plea of guilty. In following the tariffs as laid down, I take a starting point of 4½ years’ imprisonment had I convicted you after trial and giving you full credit for your plea of guilty that term shall reduce to 3 years’ imprisonment to which you are so sentenced.