HKSAR v. Tam Yee Lam

DCCC447/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 447 OF 2012

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Reasons for Sentence

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1.The defendant was found not guilty of trafficking after trial, but guilty of possession of dangerous drugs where he had admitted at the outset.  The defendant was found in possession of 5 resealable plastic bags of 5.87 grammes of crystalline solid containing 5.67 grammes of methamphetamine hydrochloride, “ice”, in his right front trousers pocket at 0155 hours on 3 April 2012 at the Ground Floor of Oi Shun House, Yau Oi Estate, Tuen Mun.  Under caution the defendant said the “cold stuff” is all for his own consumption.  The street value was about $4,000-odd.

2.The defendant is aged 22 and has a clear record.  He had previously worked at a hair salon as an apprentice, but is currently unemployed.  Upon medical examination the defendant was found to be a drug dependent and is considered suitable for admission to DATC.  Mr Chau for the defendant also submitted to me that the defendant is willing to be admitted and DATC is also a suitable option. 

3.Considering his early admission of possession and taking into account the quantity of drugs and his clear record, I am also of the view that the DATC is clearly the best sentencing option to the defendant.  Therefore the defendant is now sentenced to DATC.