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					A                                                                   DCCC68/2011        A

                           IN THE DISTRICT COURT OF THE
B                    HONG KONG SPECIAL ADMINISTRATIVE REGION                           B
                            CRIMINAL CASE NO.68 OF 2011
                                --------------------
C                                                                                      C
                                     HKSAR
D                                                                                      D
                                         v.

E                             TAM Dickson Tak-shun                                     E

                              --------------------
F                                                                                      F

    Before:  Deputy District Judge A Yim
G   Date:    1 March 2011 at 12:01 pm                                                  G
    Present: Mr. Alex WONG, PP, of the Department of Justice, for
             HKSAR
H            Ms. CHAN Pui Yi Anthea, of Messrs K.Y. Woo & Co.,                         H
             assigned by the Director of Legal Aid, for the
I
             defendant                                                                 I
    Offence: (1) Trafficking in a dangerous drug (販運危險藥物罪)
             (2) Possession of apparatus fit and intended for the
J            inhalation of dangerous drugs (管有適合於及擬用作吸服危險藥                             J
             物的器具)
K                                                                                      K
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L                             Reasons for Sentence                                     L

                           ---------------------
M                                                                                      M
    The defendant was charged for:
       1. one count of trafficking in a dangerous drug, contrary to
N         section 4(1)(a) and (3) of the Dangerous Drugs Ordinance,                    N
          Cap.134;
       2. one count of possession of apparatus fit and intended for
O         the inhalation of dangerous drugs, contrary to section                       O
          36(1) and (2) of the Dangerous Drugs Ordinance, Cap.134
P                                                                                      P
    The defendant pleaded       guilty   and   admitted   the   facts,     he    is
    convicted accordingly.
Q                                                                                      Q
    Facts
    On 11 November 2010, Police gained entry into the premises with
R   consent and conducted a search therein.       As a result, the                     R
    following were found in the defendant’s room:
S                                                                                      S
       1. From a drawer under the bunk bed, 4 plastic bags containing
          a total of 43.44 grammes of a powder containing 29.68
T         grammes of Ketamine, the street value is about $5,200.                       T

       2. From a drawer in a cabinet
U            (i)    1 electronic scale with traces of Ketamine power                   U

    CRT22/1.3.2011                       1                      DCCC68/2011/Sentence
V                                                                                      V
A              (ii)    Re-sealable plastic bags                                   A
               (iii)   A notebook
               (iv)    Straws, a roll of tinfoil, 2 lighters
B              (v)     9 straws with traces of Ketamine powder                    B
               (vi)    5 plastic bags with traces of Ketamine powder
C                                                                                 C
       3. From a drawer in another cabinet, 4 inhaling devices
       (i)     1 inhaling device consisting of a 1 plastic bottle
D              inserted with 1 metal tube with metal mesh inside                  D
               containing a total of 295 millilitres of a liquid
               containing traces of Cocaine.
E      (ii)    1 inhaling device consisting of 1 glass bottle inserted            E
               with 2 plastic straws containing a total of 230
               millilitres   of   a   liquid  containing   traces   of
F                                                                                 F
               Methamphetamine
       (iii) 1 inhaling device consisting of 1 plastic bottle
G              containing 1 plastic straw containing a total of 220               G
               millilitres   of   a   liquid  containing   traces   of
               Methamphetamine.
H      (iv)    1 inhaling device consisting of 1 plastic bottle                   H
               inserted with 2 plastic straws containing a total of
I
               182 millilitres of a liquid containing traces of                   I
               Methamphetamine.

J   Under caution, the defendant admitted that he sold the Ketamine               J
    found under the bunk bed for money and he used the 4 inhaling
    devices to inhale ICE. In a subsequent video-recorded interview,
K   the defendant further admitted that the Ketamine was supplied by              K
    Ah Yan, he would repack the Ketamine and selling big bag for
L
    $800 each and small bag for $100 each. The note book found was                L
    to record the name of his customers and the transactions.

M   I refer to the tariff in Hii Siew Cheng CAAR 7/2006, and                      M
    consider the appropriate starting for charge 1 to be 5 years,
    and the appropriate starting for charge 2 to be 6 months. The
N   defendant entitled to 1/3 discount for his plea.                              N


O   Mitigation                                                                    O
    The defendant aged 25, lives with his mother and sister. The
    family was being disturbed by loan shark related to the debts
P   owed by the father, who has divorced with the mother and left                 P
    the family for about 10 years. The defendant used to contribute
    for the family expenses but he was unemployed for a few months
Q                                                                                 Q
    prior to his arrest, and was under financial burden. He
    committed the offence in order to release the family financial
R   situation.                                                                    R

    It is noted that the defendant has 3 previous convictions all
S   related to possession of drugs and he was sentenced to                        S
    imprisonment on all occasions.    He was last discharged from
    prison in April 2010. It should be within his contemplation that
T                                                                                 T
    trafficking in dangerous drugs called for lengthy imprisonment.
    I do not consider there to be any mitigating factor that called
U   for further deduction.                                                        U

    CRT22/1.3.2011                      2                  DCCC68/2011/Sentence
V                                                                                 V
A                                                                                   A
    I noted charge 1 and charge 2 concerned different drugs and
    drugs for different purposes, I considered these to be separate
B   offences, however taking into account of the totality principal,                B
    I would order the sentence to run partly concurrent.
C                                                                                   C
    Order
    Charge 1         sentenced to 40 months imprisonment
D   Charge 2         sentenced   to   4   months  imprisonment,   2     months      D
                     concurrent, 2 months consecutive,
                     making a total of 42 months imprisonment.
E                                                                                   E

                                                           A. Yim
F                                                                                   F
                                                    Deputy District Judge

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    CRT22/1.3.2011                         3                 DCCC68/2011/Sentence
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