HKSAR v. Lam Wai Yi

DCCC921/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 921 OF 2010

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Reasons for Sentence

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1.Defendant pleads guilty to a charge of Trafficking in Dangerous Drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

2.The particulars are that on 6 May 2010, defendant on a parked car outside Ping Yan House, Kwun Tong, unlawfully trafficked 13.48 grammes of powder containing 6.74 grammes of ketamine and 2.3 grammes of crystallised solid containing 2.26 grammes of methamphetamine hydrochloride, ice. 

3.The facts admitted essentially were that the defendant was on board of a private vehicle at the driving seat.  Upon stop and search by the police it was found under the carpet of the front passenger seat a transparent plastic bag containing the above ketamine and another plastic bag containing four plastic bags of the above ice. Under caution defendant denied the offence but now she admits that were for trafficking.  The street value is about $3,000. 

4.Defendant aged 28 and is the mother of two daughters of tender age, 1 and 8, and is now relying on public assistance.  Defendant has three previous convictions all related to possession of drugs, the last one she received sentence of 4 months’ imprisonment suspended 12 months from 12 February 2010 and now she is in breach of this suspended sentence.

5.Mr Kong, for the defendant submits that she was under the influence of bad peers in committing the present offence.  Mr Kong also tries to say she got no financial benefit at all, which I find quite hard to believe.  Be that as it may, trafficking in dangerous drugs is a very serious offence.  Defendant’s former boyfriend and the Reverend has submitted letters to show her remorseful attitude and plead for leniency.   

6.In HKSAR v Yip Wai Yin [2004] 3 HKC 376, for trafficking in cocktail drugs, the combined approach is to be adopted.  In other words, the sentence for the most serious drugs, in the present case ice, is to be first considered followed by upward adjustment of other quantities of drugs.  For trafficking of ice, following AG v Ching Kwok Hung [1991] 2 HKLR 125, for up to 10 grammes of ice, the sentence shall be 3 to 7 years. 

7.Now the quantity of ice is 2.26 grammes, I consider it appropriate to adopt 3½ years’ imprisonment as starting point.  As to upward adjustment for trafficking in ketamine, the quantity is 6.74 grammes, by no means a small quantity.  In Secretary of Justice v Hii Siew Cheng CAAR 7/2006, 1 to 10 grammes shall attract 2 to 4 years’ imprisonment. 

8.In this case it could be another 3 years, but of course, by simply adding the two shall lead to absurdity. I therefore make an upward increase for only 1 year to make it a total of 4½ years’ imprisonment as starting point. 

9.Upon the guilty plea of the defendant, I reduce it to 3 years.  For the suspended sentence, I see no reason why it shall not be activated but for the totality principle, I shall only order 2 months out of 4 be served consecutive to the present sentence. Therefore, the total sentence you receive shall be 3 years and 2 months’ imprisonment.