HKSAR v. Lam Chin Pang

DCCC992/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 992 OF 2010

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

Before: H H Judge Browne

Date: 24 January 2011 at 9.53 am

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

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

Reasons for Sentence

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

1.The defendant has pleaded guilty to a charge of trafficking in dangerous drugs, the quantity being 22.28 grammes of ketamine.

2.On 2 July of 2010, the defendant was stopped when returning from the mainland via Lok Ma Chau Control Point.  He was searched and found to be in possession of the dangerous drugs, the subject of the charge.  He told the immigration officers that he had bought the drugs for RMB1,000 and that they were all for his own consumption.

3.The defendant has a clear record.  He is 29 years of age.  I am told that his parents divorced when he was 12, and his father is 80 and in poor health and his mother is 50 and resides on the mainland. 

4.I am told that at the time of the commission of this offence, the defendant was addicted to taking drugs, but I am told that he has now quit the habit and medical evidence has been supplied to the court to support that contention.  I am told that the defendant started to take drugs about 10 years ago, and he took them on a casual basis.  But about two to three years ago, whilst working as a merchandiser and involved in business on the mainland, his abuse of ketamine became habitual.  I am told that the reason he purchased the ketamine on the mainland was because it was cheaper to buy it there.

5.I am told that the defendant has had a stable relationship with a young lady for the last five to six years and they had planned to marry later this year.  Notwithstanding his involvement in these offences, the defendant is still supported by his girlfriend and by his family members who are in court today.  Letters of support have been submitted to the court both from his employer and from himself, from his mother and from his girlfriend.  They are supportive and ask for leniency in dealing with the defendant.  His employer describes the defendant as being an honest and smart worker devoted to the business.  He says that the defendant wrongly handled the work pressure.  His girlfriend also blames herself for the defendant’s predicament, stating that she put him under pressure because of her behaviour towards him.

6.The normal sentence for an offence of trafficking in this quantity of drugs would be a sentence of 4 and a half years’ imprisonment.  The defendant is also entitled to a discount from that sentence because he has pleaded guilty, so the sentence would be narrowed.  It would be one of 3 years’ imprisonment.

7.However, although this is a case of trafficking, the prosecution accept the contention made by the defendant that the drugs were for his own consumption, and he is entitled to a further reduction in sentence because of that feature of the case.  I propose to reduce the sentence by a period of 9 months so that the sentence imposed on the defendant will be one of 2 years and 3 months’ imprisonment.