A HCCC104/2009 A
IN THE HIGH COURT OF THE
B HONG KONG SPECIAL ADMINISTRATIVE REGION B
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 104 OF 2009
C C
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D HKSAR D
v.
E E
Tam Wood-lock
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F F
Before: Hon McMahon J
G Date: 11 June 2009 at 10.02 am G
Present: Ms Christal Chan, SPP, of the Department of Justice,
for HKSAR
H Mr Giles Surman, instructed by Martin Law & Co., H
for the Accused
I Offence: Trafficking in a dangerous drug (販運危險藥物) I
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J Transcript of the Audio Recording J
of the Sentence in the above Case
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K K
COURT: The 44-year-old defendant was committed to this court
L for sentence pursuant to section 81B of the Magistrates L
Ordinance after pleading guilty at Eastern Magistracy to an
offence of trafficking in: 54.17 grammes of methamphetamine
M hydrochloride (“Ice”); 0.05 grammes of cocaine; 0.01 grammes M
of tetrahydrocannabinol; 1.31 grammes of methamphetamine;
and 0.30 grammes of heroin.
N N
The facts were that police executed a search warrant in
O respect of the defendant’s apartment at a hotel in Kowloon O
City and found the charged drugs on a coffee table in the
sitting room. The defendant had been watching television in
P the same room. P
I adopt the combined approach to sentencing for a mixture of
Q Q
drugs approved of in R v Yip Wai Yin [2004] 3 HKC at 367.
So far as the quantity of Ice found is concerned, I adopt a
R starting point of 9 years’ imprisonment. Given the minute R
quantity of tetrahydrocannabinol, I ignore that drug for the
purpose of sentencing. Nor do the quantities of the other
S more serious drugs involved - methamphetamine, cocaine and S
heroin - in my opinion substantially alter considerations of
T
sentence. T
However, the starting point of 9 years’ imprisonment is
U enhanced by 1 year to one of 10 years’ imprisonment to U
CRT35/11.6.2009/NB 1 HCCC104/2009/Sentence
V V
A reflect the abysmal criminal history of the defendant, which A
in addition to drug related offences includes various other
offences going back some 25 years. In enhancing the
B starting point of sentence by that amount, I take into B
account that the majority of his drug offences were for
simple possession.
C C
The only mitigation available to the defendant is his plea
D of guilty. He gets full allowance for that and is sentenced D
to 6 years 8 months’ imprisonment.
E E
F F
G G
H H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT35/11.6.2009/NB 2 HCCC104/2009/Sentence
V V