HKSAR v. Lam Wing Yee

DCCC 619/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 619 OF 2014

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Reasons for Sentence

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1.You have 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.The particulars are on 5 May 2014 you unlawfully trafficked in a dangerous drug, namely 8.99 grammes of a crystalline solid containing 8.66 grammes of “Ice”.

3.After your plea on the last occasion, I adjourned for a training centre report.  You are deemed not suitable for training centre because you are a drug dependent.

4.The facts of this case are straightforward.  On 5 May the police were on anti-drug operation in Tuen Mun district.  They became suspicious of you and others sat in a taxi which was stationary for some time.  When you got out of that taxi, the police stopped you.  Because of their suspicions, they searched you.  They found a packet of tissue on your person which had two plastic bags hidden in it.  In each plastic bag were five smaller transparent plastic bags of Ice.  Also on your person was over $1,100 cash, a mobile phone and a slip of paper which contained transaction records.

5.Under caution, you told the police that you had no income and on money so you sold drugs to earn some money.  Under caution again but later in a video-recorded interview, you made further admissions. You told the police that you were waiting for a buyer while sat in the taxi. You explained where and when you bought the Ice and that you would earn $100 per bag that you sold.  You said some of the Ice you would consume yourself. 

6.You had a clear record.  And at the time of the arrest you were 17; you are now 17 years and 9 months. 

7.I have heard full mitigation put forward on your behalf, and I have been shown some academic records.  You were a good student until secondary school.  Then ultimately you dropped out of school.  You attended five schools between 2009 and 2013 just to try and complete Form 1. Ultimately, you were not successful in completing Form 1, hence my comment that you dropped out of school.

8.You do live with your parents, and they are here today to show you support.  But clearly they had no control over you since about 2009, that was when you were 12.  It seems you could do whatever, go wherever and be with whomever you wanted.  You had no parental control, guidance or supervision.  Not surprising that with that sort of lifestyle you got involved with drugs and ended up selling drugs for money. 

9.I have full details of your background in the training centre report and mitigation.  As I have said, defence counsel said all he can for you.  Your plea of guilty is your best mitigation.  I am not sure how remorseful you are.  You were hesitant to give the supervision officer any details of your drug trafficking activity.  And I am concerned you do not understand the gravity of this offence; you told the officer during the course of this report that you hoped to be released after this hearing.  But I repeat, your plea is your best mitigation.

10.Sentencing for trafficking Ice derives from the authority of The Attorney General v Ching Kwok Hung [1991] 2 HKLR 125.  The Court of Appeal is of the opinion that where up to 10 grammes of Ice is trafficked, a starting point of between 3 to 7 years’ imprisonment is appropriate.  Mathematically speaking, the drugs in this case would attract a 6 years 6 months’ starting point.  Of course I take into account your age, but at 17 years and 9 months you are not of extreme youth. 

11.Defendant, please stand up.  I also take into account and accept that a small percentage of the drugs would be for self-consumption.  And I referred myself to the authority of HKSAR v Chow Chun Sang CACC135/2011.  There the Court of Appeal discusses the appropriate discount where a portion of the drugs is believed to be for self-consumption. 

12.After careful consideration of the facts, the nature and quantity of the drugs, your age, the details from the report, your plea, your previous clear record and mitigation put forward, I take a 6 years 3 months’ starting point.  I reduce that by just under 25 per cent, that is 18 months.  That is to reflect the fact that I accept some of the dangerous drugs was for your own consumption.  Therefore, the starting point will be one of 4 years and 9 months. 

13.For your plea, you are entitled to a discount of one-third.  After that discount, and I see no reason for any further discount, you are sentenced to 3 years and 2 months.  Do you understand that sentence?

DEFENDANT: Yes, I do.