HKSAR v. Phothijan Sanit

HCCC 244/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 244 OF 2016

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

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COURT:

You pleaded guilty to one count of trafficking in dangerous drugs, in 36.3 grammes of methamphetamine hydrochloride, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, on 20 April 2017, and you are formally convicted upon that plea.

You were found to have that ‘Ice’ on you on 23 December 2015, when you were intercepted at the Customs Departure Hall at the China Ferry Terminal in Tsim Sha Tsui, and we now know you were on your way to Macau. You had secreted the drugs inside your underpants.

The street value of what you had on you in December 2015 was $11,046.70.

You are 36 years of age and a Thai national, but a holder of a Hong Kong identity card. I heard from Ms Chong that you came to Hong Kong in 1996 and have been married twice and have two children. Both marriages unfortunately failed. You say you were a construction worker at the time of your arrest, earning about $1,200 to $1,400 per day and that you took 3 to 4 grammes of ‘Ice’ per day whilst working on site, which I do not believe.

You have one minor and unrelated matter on your criminal record which I will not take into account.

At the time of your arrest, you frankly said that you were carrying the drugs for someone else. You had a brand new inhaler with you and empty small plastic bags. This is not now what you say happened because you now maintain that you were travelling to meet a friend in Macau and the two of you were going to consume the whole of the ‘Ice’ together.

Despite having been in Hong Kong for 20 years, you say you were not full and frank with the police in the VRI because you required a Thai interpreter. You say you did not understand the word “trafficking”. You want the court to accept now that you would have consumed half of what you had on you.

I do not accept that you would have consumed any of it. I take the view, having heard you, that you did not tell the truth at all and that this was a trafficking exercise, pure and simple. Whatever you do consume was most probably elsewhere. What you said to the police at the time of your arrest was the truth; you were carrying the drugs for someone else.

Ms Chong, on your behalf, has told the court just about all that she could possibly have done on your behalf. Most of which unfortunately cannot assist you but does give the court a sense of the person that you at least are now. Many people will suffer as a result of your offending, your ex-wives, your children and your mother.

The relevant sentencing guidelines for the offence of trafficking in ‘Ice’ in September 2014, and therefore covers your situation, is HKSAR v Tam Yi Chun [2014] 3 HKLRD 691. For trafficking in between 10 grammes to 70 grammes of ‘Ice’, the sentencing range is between 7 and 11 years. For trafficking in 36.3 grammes of ‘Ice’. I consider an appropriate starting point in all the circumstances of this case to be 8 years and 9 months.

I have taken into consideration what has been said on your behalf and your background, but the trafficking of dangerous drugs is a very serious offence. Deterrence is therefore an overwhelming consideration and whilst you sought to assist, nothing has come of that at this time and it cannot be taken into consideration. If something comes of it in the future, then you will be able to take that matter up with either the Court of Appeal or the Executive.

Unfortunately, nothing else has been said on your behalf which would warrant a more lenient course than would otherwise be the case and so the sentence which I pass on you, after a full one-third discount for your plea, is therefore one of 5 years and 10 months.