HKSAR v. Lam Chi Kin

Case No.HCCC 306/2010
Court
High Court CFI
Date12 Nov 2010
Judge
Case Document
100%

HCCC306/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 306 OF 2010

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  HKSAR  
  v  
  Lam Chi-kin  

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Before:

DHCJ A Chan

Date:

12 November 2010 at 9.55 am

Present:

Mr Edward J Brook, SPP of the Department of Justice, for HKSAR
Mr Chan Ka-shun Wilson, assigned by Director of Legal Aid, for the Accused

Offence:

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

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

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COURT: Mr Lam, please stand. The defendant pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance and he is committed to this court for sentence.

In the evening on 21 April 2010, the defendant was intercepted by police officers outside Tai Wo Hau Indoor Recreation Centre. Four packets of ketamine were found inside a handbag that the defendant was carrying.

The defendant was taken back to police station. During a body search, 2 more packets of ketamine were found wrapped around his left and right ankles. Altogether 1,095 grammes of ketamine were seized.

Guidelines on sentencing are clear. The starting point for trafficking in over 1 kilogram of ketamine is one of 14 years’ imprisonment.

Counsel for the defendant has informed me that that this was his first time in dealing with drugs. He did so because of financial hardship. That may be so but the Court of Appeal has pointed out that personal circumstances account for little, if any, mitigation in serious crimes.

The offence you committed is a serious crime.

Apart from his plea, I do not see any other mitigating factors which allow me to give more than the usual one-third discount.

For the sole offence that the defendant has pleaded, he is sentenced to 9 years 4 months’ imprisonment.