HKSAR v. Lam Chi Shing

DCCC 240/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 240 OF 2013

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Reasons for Sentence

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1.Defendant, you were acquitted on a charge of trafficking in dangerous drugs but convicted on a charge of simple possession of dangerous, contrary to section 8 of the Dangerous Drugs Ordinance, Cap. 134.

2.There is no need to deal with the facts, they were dealt with in the trial itself. Suffice it to say, on the date, at the time and at the place mentioned in the charge, you were found to be in possession of 52.83 grammes of powder which contained 41.22 grammes of ketamine. It was your case that those drugs were possessed for self consumption. The prosecution, having failed to prove to the contrary, I convicted you of simple possession.

3.. You admitted to nine previous convictions on five occasions. Three of those convictions were similar. You also admit that this offence was committed in breach of a suspended sentence which was imposed a mere two weeks prior to the commission of this offence. In fact that was two suspended sentences to run concurrently for two offences of criminal damage. In that regard, Mr Davies feels unable to make any comments and it is difficult to see what he could say in any event, the breach following so quickly after the event.

4.I adjourned this case for the preparation of a report as your suitability for DATC. That is now before me. I have read it and considered its contents and taken the contents into consideration. The report tells me that you are not suitable for admission to a DATC as you are not considered to be drug dependant.

5.On your behalf, Mr Davies entered limited mitigation for there was in truth little that could be said. He accepted that prison was the only real option in this case. He produced a letter from you which you had written to the court, that letter was in English. I have read that letter and taken what you said into consideration. You referred to your supportive family and the fact that your girlfriend is here today in court to offer further support.

6.He accepts that the amount of dangerous drugs in this case is high, over 40 grammes. He made reference to the fact that you had spent 7½ months in custody and had been found not guilty of trafficking. He said you had learnt your lesson and urged me to be as lenient as possible. I turn now to the sentence.

7.This is the second occasion upon which you have been convicted of possession of dangerous drugs, the previous occasion involved three offences. After your long remand, you are no longer considered to be drug-dependant. This means that when you are released from prison, you have a real chance to keep away from dangerous drugs and the trouble they bring into your life. It is of course an obvious aggravating feature that the amount of drugs that you possessed was over 40 grammes. Drugs possessed in this quantity provides an obvious and real danger of latent risk of other persons coming into possession of those drugs. On that basis, there will be an enhancement of the starting point.

8.The normal starting point is some 12 months. That will be enhanced because of the latent risk to 18 months but because of what is effectively a plea of guilty, that will then reduce back to 12 months. For the offence of possession of dangerous drugs, therefore you will go to prison for 12 months.

9.You are in breach of two sentences of imprisonment suspended for 12 months. Each was 1 month imprisonment and they were to run concurrently in the event of breach. You have breached those suspended sentences, therefore I can find no reason to say it would be unjust to impose them. I do so, therefore they will imposed by 1 month concurrent to each other but consecutive to the 12 months imposed. So therefore, the total imprisonment will be one of 13 months.