HKSAR v. Lam Kit Man

DCCC583/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 583 OF 2012

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Reasons for Sentence

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1.The defendant has pleaded guilty to a charge of trafficking in 23.17 grammes of ketamine.

2.The summary of facts admitted by the defendant state that at 6.10 pm on 29 April 2012, police officers went to the premises where he was living in Sheung Shui.

3.The officers executed a search warrant of the premises and when they arrived there, they found the defendant, together with his younger brother and his father, inside the premises.

4.Inside the defendant’s bedroom, they came across the ketamine the subject of the charge, and also an electronic scale, a plastic spoon and 100 empty resealable plastic bags.

5.The defendant was extremely co-operative with the police.  He admitted that the substance seized by the police was, in fact, ketamine.  He said it was for his own consumption and also for sale to his friends.  He said he would sell it at the price of $350 for 3.5 grammes.

6.He said he bought the ketamine in question for $1,500 at about 10 o’clock that morning.  He said the transaction took place at a rear staircase near to his premises.  He said he did not know the man who sold him the ketamine.

7.The defendant has a clear record.  He is 25 years of age, born in Hong Kong and educated to Form 4.  At the time of his arrest, he was working as a cook in a fast-food shop, earning some $8,000 per month.  He is single and lives with his family at the premises where the raid was conducted.

8.I am told that the defendant has been a ketamine addict since he has been 18 years of age.

9.He has on two occasions attended a voluntary rehabilitation centre, but unfortunately, he has lapsed on both occasions.

10.I am told that stress at work is a contributory factor to his addiction problem.

11.I am told that he consumes about 7 grammes a day and finds this an expensive habit and foolishly agreed with one of his friends who said that by selling some of the drugs, he could make some easy money.

12.I am told by counsel that there is a letter from the defendant confirming that he is now very remorseful about his involvement in this offence and wishes genuinely to give up the habit.

13.I have before me already received a letter from the defendant’s mother, asking for leniency.  She says that her son has a good character and will reform.

14.As counsel for the defendant has said, the normal sentencing bracket for possession of 23.17 grammes of ketamine is in the range of 4 to 6 years.

15.I accept the defendant’s assertion that part of these drugs were to feed his own addiction.

16.I, therefore, decided to take a starting point at the lower end of the sentencing bracket.

17.I take a starting point of 4 years’ imprisonment.

18.I reduce that by one-third to reflect the defendant’s guilty plea.

19.The defendant will, therefore, go to prison for 32 months.