HKSAR v. Lai Kin Wai

HCCC 520/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 520 OF 2014

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: Defendant, you have pleaded guilty to a charge of trafficking in dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

You have admitted that, on 8 August 2014, at Un Chau Street, Sham Shui Po in Kowloon, you unlawfully trafficked in 248 grammes of a powder containing 201 grammes of ketamine.

The facts can quite simply be stated, that on that day, you were intercepted and searched by police officers. The drugs were found contained in a plastic bag in your right trousers pocket. Upon arrest and under caution, you told the police officers that you had intended to sell this packet of 'K Chai' to others because you wanted to earn a little money.

The estimated retail value at the time of seizure was HK$29,512.

You are 34 years of age. You have 12 previous convictions. Of those, five are related to drugs. Of those five, four are in relation to possession of a dangerous drug and one of trafficking in a dangerous drug. The conviction for trafficking in dangerous drug was in 2008, for which you were sentenced to 3 years and 8 months’ imprisonment. You were last discharged from prison, or rather the Drug Addiction Treatment Centre on 18 July 2014. That was only three weeks prior to the commission of this present offence.

Mr James Sherry, your counsel, has mitigated fully and thoroughly on your behalf and I have taken into account all that he has had to say. In summary, he has informed me that as a result of your drug dependency, despite being released from Drug Addiction Treatment Centre a few weeks before and being unemployed and vulnerable, you committed this office so you could earn some money and support your dependency.

A person by the name of Ah Cheong, whom you had just met two weeks before, asked you to sell the ketamine, upon sale of the ketamine, you would then be able to earn a thousand-odd dollars. You therefore accepted the offer. You picked up the drugs just shortly before you were intercepted.

Your greatest mitigating factor is your early plea of guilty.

Mr Sherry has pointed out the relevant sentencing guidelines set out in Hong Kong SAR v Hii Siew Cheng. The starting point for trafficking between 50 to 300 grammes of ketamine is between 6 to 9 years’ imprisonment after trial. Mr Sherry has brought to my attention another case, Hong Kong SAR v Chow Sai Ping, HCCC 494/2013, a sentence of my own of which the defendant having pleaded guilty to 200 grammes of ketamine, I adopted a starting point of 7 years and 6 months’ imprisonment and he asks me to impose a similar sentence.

The quantity of drugs involved in this case is 201 grammes of ketamine. I distinguish this case with that case, firstly, that in Chow, the defendant was 19 years of age and of clear record, and further, sentencing starting points are not straitjacket calculations.

In this case, Defendant, you have 12 previous convictions and you have one similar for trafficking in dangerous drugs, although I accept that is now some 7 years ago.

Taking into account the circumstances of this offence and the factors of this case - Defendant had you been convicted after trial, an appropriate starting point would be one of 7 years and 9 months’ imprisonment.

Giving you full credit for your plea of guilty, that sentence shall be reduced to one of 5 years and 2 months’ imprisonment, which you shall be so sentenced to.