HKSAR v. Tam Dickson Tak Shun

DCCC68/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.68 OF 2011

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Before: Deputy District Judge A Yim

Date: 1 March 2011 at 12:01 pm

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Reasons for Sentence

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The defendant was charged for:

1. one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134;

2. one count of possession of apparatus fit and intended for the inhalation of dangerous drugs, contrary to section 36(1) and (2) of the Dangerous Drugs Ordinance, Cap.134

The defendant pleaded guilty and admitted the facts, he is convicted accordingly.

Facts

On 11 November 2010, Police gained entry into the premises with consent and conducted a search therein. As a result, the following were found in the defendant’s room:

1. From a drawer under the bunk bed, 4 plastic bags containing a total of 43.44 grammes of a powder containing 29.68 grammes of Ketamine, the street value is about $5,200.

2. From a drawer in a cabinet

(i) 1 electronic scale with traces of Ketamine power

(ii) Re-sealable plastic bags

(iii) A notebook

(iv) Straws, a roll of tinfoil, 2 lighters

(v) 9 straws with traces of Ketamine powder

(vi) 5 plastic bags with traces of Ketamine powder

3. From a drawer in another cabinet, 4 inhaling devices

(i) 1 inhaling device consisting of a 1 plastic bottle inserted with 1 metal tube with metal mesh inside containing a total of 295 millilitres of a liquid containing traces of Cocaine.

(ii) 1 inhaling device consisting of 1 glass bottle inserted with 2 plastic straws containing a total of 230 millilitres of a liquid containing traces of Methamphetamine

(iii) 1 inhaling device consisting of 1 plastic bottle containing 1 plastic straw containing a total of 220 millilitres of a liquid containing traces of Methamphetamine.

(iv) 1 inhaling device consisting of 1 plastic bottle inserted with 2 plastic straws containing a total of 182 millilitres of a liquid containing traces of Methamphetamine.

Under caution, the defendant admitted that he sold the Ketamine found under the bunk bed for money and he used the 4 inhaling devices to inhale ICE. In a subsequent video-recorded interview, the defendant further admitted that the Ketamine was supplied by Ah Yan, he would repack the Ketamine and selling big bag for $800 each and small bag for $100 each. The note book found was to record the name of his customers and the transactions.

I refer to the tariff in Hii Siew Cheng CAAR 7/2006, and consider the appropriate starting for charge 1 to be 5 years, and the appropriate starting for charge 2 to be 6 months. The defendant entitled to 1/3 discount for his plea.

Mitigation

The defendant aged 25, lives with his mother and sister. The family was being disturbed by loan shark related to the debts owed by the father, who has divorced with the mother and left the family for about 10 years. The defendant used to contribute for the family expenses but he was unemployed for a few months prior to his arrest, and was under financial burden. He committed the offence in order to release the family financial situation.

It is noted that the defendant has 3 previous convictions all related to possession of drugs and he was sentenced to imprisonment on all occasions. He was last discharged from prison in April 2010. It should be within his contemplation that trafficking in dangerous drugs called for lengthy imprisonment. I do not consider there to be any mitigating factor that called for further deduction.

I noted charge 1 and charge 2 concerned different drugs and drugs for different purposes, I considered these to be separate offences, however taking into account of the totality principal, I would order the sentence to run partly concurrent.

Order

Charge 1 sentenced to 40 months imprisonment

Charge 2 sentenced to 4 months imprisonment, 2 months concurrent, 2 months consecutive, making a total of 42 months imprisonment.