HKSAR v. Tam Chi Fat

DCCC 403/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 403 OF 2013

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Reasons for Sentence

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

2.On 19 February this year, the police caught the defendant red-handed in possession of four plastic bags containing dangerous drugs.  Government chemist certified that the powder was 111.03 grammes of a powder containing 77.22 grammes of ketamine.  The approximate street value of this quantity is $13,434.63.  

3.This was a stop-and-search case where the dangerous drug was found in the defendant’s jacket.  Upon arrest, the defendant made a full admission.  The defendant told the police that he had agreed to deliver the dangerous drugs for a few hundred dollars.  He agrees he acted as a drug courier.

4.Defendant is not a man of clear record, but he only has one conviction relating to dangerous drugs and that is possession of dangerous drugs, and his conviction was in 2004.  In that case, he was fined $1,000.  Defence counsel says the defendant is not a drug addict and there is no evidence to suggest otherwise.  I accept the defendant acted as a drug courier for a fee.

5.Defendant had been out of work for over six months.  He used to contribute to his family who he lives with but at the time of the offence, they were in fact giving him pocket money.  Out of desperation, he accepted the offer.  Defendant is also 32 years old and single.

6.The best mitigation is the defendant’s plea.

7.Defence counsel says he has explained to the defendant that the relevant authority is Secretary for Justice v Hii Siew Cheng [2008] 3 HKC 323.  The appropriate and relevant guideline would be where 50 to 300 grammes of ketamine is trafficked, that would attract a starting point of between 6 to 9 years’ imprisonment. 

8.I see no reason to depart from the guideline authority.  Mathematically, the quantity of drugs in this case would attract a starting point of about 6 years and 3 months.  I will take into account that it is the defendant’s first conviction for an offence of this nature.  I also take into account mitigation, the facts of the case and the defendant’s co‑operation with the police.

9.Defendant, please stand up.  I will take a starting point for this offence of 6 years’ imprisonment.  You have pleaded guilty and you are entitled to a discount of 2 years for your plea.  For this offence, you are sentenced to a period of 4 years’ imprisonment. Understand?

DEFENDANT: Understand.