HKSAR v. Don Amarasinghalage Don Chandra Janaka

HCCC 472/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 472 OF 2014

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: Mr Amarasinghalage, can you stand up, please?

You have been found guilty under count 2 of the indictment, of trafficking in dangerous drugs, contrary to section (4)(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, and also under count 3 of the indictment of possession of dangerous drugs, contrary to section (8)(1)(a) and (2) of the Dangerous Drugs Ordinance.

The offence of trafficking was in respect of 25.91 grammes of methamphetamine hydrochloride or “Ice”, as it is commonly called. The offence of possession was in respect of 1 gramme of ketamine and 0.03 grammes of cocaine.

You were found guilty by the jury of having in your possession those drugs that I have just mentioned, and by their verdict, they did not believe that those drugs came into your possession in your room through the Pakistani male. Your evidence during trial was that you were an abuser of “Ice”, but that you were not someone who took either ketamine or cocaine.

“Ice” and the taking of “Ice” is an expensive habit for an asylum seeker, and it is therefore very easy to turn to crime in order to feed that habit. The retail value of the drugs that you had on you was $11,103 in May of 2014 and by reason of their verdict, you were found to have been in possession of that amount of drugs in order to traffic in them, save for the small amount of ketamine and cocaine.

You are only 46 years of age, married, with two children, and educated up to Form 5 and you are here in Hong Kong seeking asylum from what Mr McGowan has said is a very difficult situation in Sri Lanka. Whilst that application is being processed, you were cared for by the government of this country and you received support from ISS, both for your accommodation and for your food. But one of the conditions of that is that you do not work.

You have a criminal record, but it is not relevant to these proceedings and I will not take it into account for sentencing purposes. I do, however, take into account all that can be said, although it is limited, on your behalf by Mr McGowan.

The trafficking of methamphetamine hydrochloride, falls to be considered under the guideline case of Ching Kwok Hung [1991] HKLRD 125, and for between 10 and 70 grammes of “Ice”, the starting point after trial is between 7 and 10 years. For 25.91 grammes, therefore, the starting point is 7 years and 9 months.

For the possession of ketamine and cocaine, Mr McGowan urges me to make that sentence, firstly a nominal one, and secondly, to make it concurrent to the sentence that I will pass upon the trafficking.

Traffic in dangerous drugs is a very serious offence. Deterrence is an overwhelming consideration. And whilst I have heard your personal circumstances, and understand the reason why you committed this offence, in the face of such a serious offence, there is nothing that be said by way of mitigation which can make the sentence that I must impose any more lenient.

On Count 2, for the trafficking in methamphetamine hydrochloride, you will receive a period of imprisonment of 7 years and 9 months.

For Count 3, for the possession of the ketamine and cocaine, you will receive a period of imprisonment of 3 months, to run concurrently with the sentence that I have imposed at Count 2.

He may go down.