HKSAR v. Lam Yat Long

DCCC883/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 883 OF 2012

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Reasons for Sentence

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1.Defendant has pleaded guilty to two counts of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

2.Both charges relate to 14 July 2012.  The 1st charge relates to the defendant being stopped and searched in the Wan Tau Tong Shopping Centre in Tai Po when officers found him acting suspiciously.  They found on his person one plastic bag of dangerous drugs containing 13.41 grammes of a powder containing 11.32 grammes of ketamine.  This is the drugs indicated in Charge 1.

3.Under caution, the defendant told the police that he had them in his possession for his own consumption.  He did try to run away from the police officers but was quickly subdued.  Not long after, he was taken home which was very close by in the same estate, Wan Tau Tong Estate. 

4.Upon search of the defendant’s home, the police found two transparent resealable plastic bags containing a total of 11.29 grammes of a powder containing 9.25 grammes of ketamine.  In addition to the drugs, an electronic scale and a number of transparent resealable plastic bags were also found.  This type of exhibit is often described as paraphernalia required for trafficking dangerous drugs.

5.In total, the drugs found on the defendant and in his home is 20.57 grammes of ketamine.  The street value has been estimated as HK$3,100 odd.

6.After the home search, the defendant again said under caution that the drugs were for his own consumption and he had bought the drugs for $1,500. 

7.The defendant has one previous conviction for possession of dangerous drugs and in June 2010 he was sentenced to 12 months’ probation.  His probation would have been completed a year later in June 2011. For these charges the defendant was arrested one year after that; this time for a much more serious offence of trafficking in dangerous drugs. 

8.At the time of the offence, he was only 21.  I see from his antecedent statement, he is 22 next week.  He is a young man but his age is not a mitigating factor here because 22 cannot be described as extreme youth.  So any drug addiction treatment centre order or any institutional order would not be appropriate for such a serious offence. 

9.I have heard full mitigation and have before me two letters of mitigation.  The defendant is remorseful for committing this offence and sorry he has disappointed his parents.  He has promised the court and his parents he would turn over a new leaf.

10.He got into drugs because he was under the influence of bad peers.  It is not too late for the defendant to turn over a new leaf and prove to himself and his family that he can stay away from drugs and bad peers. 

11.There are sentencing guidelines for trafficking dangerous drugs, and I do follow the guidelines set out in The Secretary for Justice v Hii Siew Cheng [2008] 3 HKC 323.  From that authority, the guideline that is appropriate here is where trafficking between 10 to 50 grammes of ketamine is concerned, a 4 to 6-year term of imprisonment is appropriate. 

12.Mathematically speaking, if a defendant traffics 10 grammes of ketamine, he will be facing a starting point of 4 years.  If a defendant traffics 20 grammes, he will be facing a starting point of 4 years and 6 months.  And I repeat, in this case, the quantity of ketamine is 20.57 grammes. 

13.I realize that both offences were committed on the same day and I will take a global approach and find he trafficked these 20 grammes on the same day. 

14.Defendant, please stand up.

15.After considering your plea of guilty today, your mitigation put forward including the letters of mitigation, your age at the time of the offence, the fact you have a previous conviction but it is not trafficking drugs, for those factors, I will take a slightly lower starting point than you deserve.  I take a starting point of 4 years. 

16.You are entitled to a discount of 16 months, that is one-third, for your plea of guilty.  For Charges 1 and 2, I will sentence you to 2 years and 8 months; for both charges to be served concurrently.  Total sentence will be one of 2 years and 8 months.  Do you understand that sentence?

DEFENDANT: Yes, I do.