HKSAR v. Tam Wai Pun, Tommy

DCCC 454/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 454 OF 2014

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REASONS FOR SENTENCE

The defendant faces a charge of "Trafficking in a dangerous drug". He pleaded not guilty to "Trafficking", but guilty to "Possession". The prosecution accepted his guilty plea to a lesser charge. The dangerous drug involved is methamphetamine hydrochloride (commonly known as "ICE") .

Summary of Facts

2.About 7:50 p.m. on 3 April 2014, outside Lai Lai Building, Nos.106-108 Lockhart Road, Wanchai, SPC 53928 intercepted the defendant for enquiries.  He took the defendant to the rear lane, No.138 Lockhart Road to conduct a search.

3.The following items were found on the defendant :-

(i) in his right sock, 1 piece of tinfoil which contained 0.58 gramme of a crystalline solid containing 0.57 gramme of methamphetamine hydrochloride; and 1 transparent resealable plastic bag which contained 0.40 gramme of a crystalline solid containing 0.40 gramme of methamphetamine hydrochloride; and

(ii) in a metal box contained in his shoulder bag, 1 transparent resealable plastic bag which contained 7.01 grammes of a crystalline solid containing 6.70 grammes of methamphetamine hydrochloride.

4.Under caution, the defendant said "It is for my own consumption." In his video-recorded interview, he admitted that he bought the ICE from an unknown male in Mongkok at the price of $1,000.

Mitigation & Sentence

5.The defendant is now 31.  He has 1 conviction record, which is not related to drugs. He is married but his wife resides in the mainland.  He lives with his parents in a private residential estate.

6.Defence counsel Mr. CHENG informed me that prior to the present offence, the defendant has been working as a taxi driver for 5 years.  His parents and elder sister, who is a medical doctor, are all supportive.  A total of 3 letters were placed before me; their contents are duly noted.

7.As I am statute-bound to call for a DATC Report, I adjourned sentencing until today.

8.This afternoon, Mr. CHENG placed before me a letter from the Christian New Life Association, asking the court to consider a Probation Order Report with a view to allowing the defendant to receive voluntary gospel drug addiction treatment. Mr. CHENG explained that those are his latest instructions.

9.A total of 7.67 grammes of ICE are involved in this case.  Had the defendant been convicted of "trafficking" in that quantity, the sentence would have been 6 years' imprisonment[1] after trial.  Even following the 3-step approach laid down by the Court of Appeal in HKSAR v WAN Sheung Sum [2000] 1 HKLRD 405, the sentence is likely to be 18 to 21 months' imprisonment before the one-third discount.

10.I cannot overlook the quantity of ICE involved in the present case; a Probation Order with a condition to complete voluntary drug addiction treatment is plainly wrong in principle and manifestly inadequate.  The defendant is a fresh offender of "simple possession".  The DATC Report revealed that he is a drug dependant and is suitable for admission to a Drug Addiction Treatment Centre.  In my view, the most appropriate sentence for him is a DATC Order, and I so order.  I have displayed leniency by making a DATC Order instead of sentencing him to imprisonment.