HCCC182/2011
A HCCC182/2011 A
IN THE HIGH COURT OF THE
B HONG KONG SPECIAL ADMINISTRATIVE REGION B
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 182 OF 2011
C C
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HKSAR
D D
v.
E Larm Tat-ming E
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F F
Before: Hon Saw J
Date: 13 July 2011 at 9.57 am
G Present: Mr Harish Hariram Melwaney, SPP, of the Department of G
Justice, for HKSAR
Ms Yip Shui-hung, Liza, assigned by the Director of
H Legal Aid, for the Accused H
Offence: Trafficking in a dangerous drug (販運危險藥物)
I I
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Transcript of the Audio Recording
J of the Sentence in the above Case J
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K K
COURT: On 29 May of this year the defendant pleaded guilty at
the Eastern Magistrates' Court to one charge of trafficking
L in dangerous drugs. The particulars of that charge allege L
that he did, on 7 November 2010, at Room 3307, Block B, Hong
Cheung House, Cheung Hong Estate, in Tsing Yi, traffic in
M 490 grammes of a mixture containing 370 grammes of ketamine. M
On that day he was committed, pursuant to section 81B of the
N N
Magistrates' Court Ordinance, Cap. 227, to this court for
sentence. Prior to that, a Summary of Facts was read in
O open court by the prosecutor and admitted by the defendant. O
Today he has confirmed his plea of guilty and the accuracy
of that Summary of Facts.
P P
The Summary of Facts reveals the following: police
officers, apparently alerted to the defendant’s involvement
Q Q
in trafficking in dangerous drugs, were, on 7 November of
last year, waiting for him in the vicinity of Room 3307, the
R property referred to in the charge. They had with them a R
search warrant. When the defendant approached those
premises he was intercepted.
S S
Together with the defendant, the police officers entered the
T
flat where the defendant’s girlfriend and son were inside. T
The defendant told the police officers that there was
dangerous drugs in the bedside cabinet inside a metal box.
U With the assistance of the defendant, that metal box was U
CRT10/13.7.2011/DB 1 HCCC182/2011/Sentence
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A opened by one of the police officers. Inside the metal box A
the police officer found one packet containing 240 grammes
of a powder containing 190 grammes of ketamine, one packet
B containing 250 grammes of a powder containing 180 grammes of B
ketamine; in total, 370 grammes of ketamine. In addition,
there was inside the metal box paraphernalia for drug
C C
packaging, including resealable transparent plastic bags and
an electronic scale.
D D
Subsequent to being arrested and cautioned for the offence
of trafficking in dangerous drugs, the defendant told the
E police officers that the dangerous drugs had nothing to do E
with him, had nothing to do with his son and the lady who
was then present. He also told the police officers that he
F F
was planning to sell the dangerous drugs because he was
unemployed.
G G
In the Admitted Facts it is stated that the quantity of
dangerous drugs involved is valued in excess of $56,000.
H H
The defendant is 46 years of age. He has an extensive
I
criminal record, commencing as early as 1976 when he was 11 I
years of age. Those convictions cross the whole raft of
offences, including theft, possession of dangerous drugs,
J trafficking in dangerous drugs and the like. It is, J
however, pointed out by Mr Melwaney on behalf of the
prosecution that this is the first occasion that the
K defendant has appeared in this court. He has on previous K
occasions been sentenced to terms of imprisonment however.
L The last occasion was in November of 2007. L
Now, on his behalf, Ms Liza Yip has told me something of his
M background. His son is 18 years of age and the son is of M
his first marriage. His second wife who was not present in
Hong Kong at the time of this offence was, however, five
N months’ pregnant at the time and living in the Mainland. N
Since his arrest he has lost all contact with her and
O presumably with the child which will have now been O
delivered.
P Ms Yip tells me that prior to the commission of these P
offences and subsequent to his last release from prison, he
had taken up full-time employment as a cross-border truck
Q Q
driver and had purchased his own vehicle for that purpose.
He, however, got into difficult financial circumstances and
R it was because of this that he was tempted to engage in R
trafficking in dangerous drugs.
S Ms Yip, quite correctly and properly, acknowledges that none S
of the personal circumstances of the defendant are so
exceptional as to warrant a departure from the guidelines
T T
for sentencing which are provided to sentencers who deal
with those who are trafficking in this particular dangerous
U drug, namely, ketamine. U
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A A
The Court of Appeal in Secretary for Justice v Hii Siew
Cheng [2009] 1 HKLRD has provided guidance for sentencing.
B That guidance is based upon the quantity of drugs that are B
being trafficked. In the instant case, the recommended
parameters for sentencing is in the bracket of 9 to 12
C C
years’ imprisonment after trial. The defendant trafficked
in 370 grammes of ketamine. In those circumstances I am
D satisfied that the starting point for sentence must be in D
excess of 9 years. Based on the quantity of drugs involved,
I believe that a starting point for sentence, after trial,
E of 9 years and 8 months’ imprisonment is appropriate. E
The defendant is and will receive a full one-third discount
F F
to reflect his timeous plea of guilty. There are no other
circumstances in the defendant’s background or in the
G circumstances of the commission of the offence which would G
justify an increase in the quantum of the discount. Nor are
there any circumstances which would justify a departure from
H the appropriate starting point. H
I
In those circumstances, the appropriate sentence is one of I
6 years and 5 months’ imprisonment and that is the sentence
that I impose.
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
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