HKSAR v. Lam Kai Fung

DCCC1122/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1122 OF 2010

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Before: H H Judge Tallentire

Date: 11 November 2010 at 11.55 am

Offence:  (1) Trafficking in Dangerous Drugs (販運危險藥物)

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Reasons for Sentence

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1.Defendant, you pleaded guilty to one offence of Trafficking in Dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134. You admitted the brief facts and I convicted you.

2.Briefly, the facts were as follows.  On 13 August of this year at about 6.56 pm a police officer spotted you acting furtively outside the rear lane of Wong Chun Chun Thai Restaurant at 38 Nga Tsin Road.  At your request, they took you to 26 Kai Tak Road and searched you.  They found 2 and 7 plastic bags of suspected ketamine, being P1 and P2, in your right and left socks.  You said you were asked by someone to deliver the ketamine. 

3.You were arrested and cautioned and said Leung Tsai asked you to deliver it.  That is, P1 and P2, to that rear lane for $300. You had not yet received any payment.  In a subsequent video recorded interview you admitted the following:

(a) You came to know Leung Tsai through a friend but you had never met him.

(b) Leung Tsai called you and offered you $300 to deliver the ketamine.

(c) As instructed you picked it up from a washroom in Kwai Chung Plaza.

(d) You travelled to the place where you were arrested by taxi.

(e) That you had received no payment as yet.

4.Subsequent analysis revealed P1 to contain 27.09 grammes of powder containing 23.26 grammes of ketamine and P2, 8.57 grammes of powder containing 7.37 grammes of ketamine.

5.On arrest you were found in possession of $1,567.20 and two mobile phones.  The estimated street value of the ketamine which was the ketamine weighing 30.63 grammes was $3,675.  You admitted to one previous conviction that was for a similar offence, the offence of possession of dangerous drugs.  You had been sentenced to probation.

6.On your behalf, Ms Kam entered mitigation and I am very obliged to her for the written submission that she placed before me.  I am told that you are 20 years of age, educated to Form 1, single and living with your mother.  I am told also, that your mother, who is present in court today, is in poor health.  You come from a broken home your parents being separated.  As part of her mitigation, Ms Kam referred me to four letters produced by members of the family.  Those letters of mitigation and support were summarised for my benefit and I have taken into account what is said on your behalf. 

7.Ms Kam also informed me that you had been extremely cooperative with the police.  That is supported by the brief facts. You made a full confession and you have pleaded guilty at the earliest opportunity.  Whilst you have a previous conviction, this is your first offence of trafficking.  I understand that you have been made aware of the sentencing tariff.

8.Ms Kam also very helpfully placed before me a decision of a brother judge in the case of HKSAR v Ip Wai Kon, DCCC39 of 2010.  That case also involves a very similar amount of ketamine.  The defendant has one previous conviction as do you.  However, in that case there is one difference at the defendant was slightly older, being 25.

9.I turn now to the sentence.  This is a serious offence involving a substantial amount of ketamine.  I note and accept that you were extremely cooperative with the police at the time of your arrest and have entered your plea of guilty at the first available opportunity.  Whilst you have one previous conviction involving drugs, this is your first offence of trafficking.  I note that you express remorse and you seem to enjoy the support of your family. 

10.I considered whether or not to call for reports in this case but I can see no merit in that course.  All information I need is before me.

11.Taking into account all the matters that I have referred to, I take as a starting point, slightly lower than in the case referred to me, one of 51 months.  You are entitled to receive a discount of one-third for your plea of guilty.  You will therefore go to prison for 34 months.