HKSAR v. Lau Chak Lam, Andy

DCCC 897/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 897 OF 2012

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a single offence of possession of dangerous drugs, contrary to sections 8(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap 134. You admitted the brief facts and I convicted you on that charge.

2.As you are well aware, a number of other charges involving dishonesty and more serious charges were dismissed by me on a submission of no case to answer.

3.So far as the facts are concerned with regard to this case, they are extremely simple.  Police officers were called to a shop where you were accused of various offences.  You were found to have been in possession of 0.25 grammes of a crystalline solid containing methamphetamine hydrochloride, commonly known as “Ice”.  Arrested and cautioned for that offence, you admitted it was for your own consumption. 

4.You admitted to eight previous convictions, one of which involved dangerous drugs; in fact, that was a trafficking offence.

5.As you are aware, I adjourned the case for the preparation of a DATC report which is now before me.  That report tells me that you are not now considered to be drug-dependent, having been on remand for a considerable time. 

6.On your behalf, Miss Wong entered mitigation.  She told me that you are 37 years of age, married with one son.  At present, your wife is in custody also, so your son was placed with the foster parents.  You have the promise of a job in engineering from a friend upon release.  It is your hope and intention upon release to take custody of your son and care for him.

7.Quite rightly, she emphasized that the amount of drugs in this case was small.  It is some considerable time since the only previous conviction involving drugs and that was in fact trafficking, not mere possession, and she urged me to be lenient with you. 

8.The calculation as to how much time of the remand would count towards any prison sentence imposed is proved to be extremely difficult given the intervening prison sentence.  Indeed, on reflection, I do not think it is of any great importance, but I intend to impose a proper sentence that reflects the criminality in this case.

9.I turn to the sentence itself.  I acknowledge that the amount of Ice is extremely small, that you have pleaded guilty, that so far as drugs are concerned, you do not have a long and serious record, and I think it goes to your favour that it is your wish and intention to retrieve your son and care for him.  I therefore intend to deal with this matter by way of a short custodial sentence.  I take a starting point of 6 months’ imprisonment and reduce it to 4.  You will go to prison for 4 months.