HKSAR v. LAU CHI YAN

DCCC 931/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 931 OF 2013

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HKSAR
v
Lau Chi-yan

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Before: HH Judge Tallentire

Date: 31 December 2013 at 10.26 am

Present: Mr Keith Hotten, Counsel on fiat, for HKSAR
Mr Anthony James Sherry, instructed by Kent Tam & Co, assigned by the Director of Legal Aid, for the defendant

Offence: (1) Possession of a dangerous drug (管有危險藥物)
(2) Trafficking in a dangerous drug (販運危險藥物)

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Reasons for Sentence

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1. You are convicted now, after trial, of one offence of possession of dangerous drugs and one offence of trafficking in dangerousdrugs. Both involved ketamine.

2. The facts I have dealt with at length in my verdict. There is no need to repeat them, nor is there any reason to repeat them, saveto say that the 1st charge, which is that of possession of dangerous drugs, involved a very small amount of ketamine, namely 0.41grammes. However, the more serious offence of trafficking in dangerous drugs, which was Charge 2, involved a much higher quantity,being 71.51 grammes of ketamine. On that basis I convicted you.

3. You admit to two previous convictions, both of which are similar, one being possession of dangerous drugs, and the other being traffickingin dangerous drugs.

4. Mr Sherry, on your behalf, entered mitigation. That was understandably limited, given the circumstances. He told me that you are33 years of age. You were working in the car valeting industry; married, with a son of 3. You are Hong Kong born and in good health. He pointed out on your behalf that you had admitted such facts as you felt able to. This led to some saving in court time. Heagreed that the tariff for just over 70 grammes of ketamine was in the range of 6 to 9 years; however, suggested that the sentenceshould be towards the bottom end of the tariff, and I agree.

5. I have to say that in sentencing you, I take the view that the evidence against you was totally overwhelming. I am prepared toaccept that you did admit what you felt able to do so. You have previous convictions related to the same type of offence, thoughyour record is not lengthy.

6. The following sentences will be imposed. On Charge 1 you will go to prison for 8 months. On Charge 2 you will go to prison for6 years and 2 months. They will be served concurrently.

7. That is a total of 6 years and 2 months.

Tallentire
District Judge