HKSAR v. Thawikun Sumitra

Case No.HCCC 167/2024[2024] HKCFI 3336
Court
High Court CFI
Date17 Oct 2024
Judge
Case Document
100%

HCCC 167/2024

[2024] HKCFI 3336

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 167 OF 2024

________________________

  HKSAR  
  v  
  Thawikun Sumitra  

________________________

Before:  Hon Andrew Chan J
Date:  17 October 2024 at 10.31 am
Present:  Mr Antony Leung, SPP of the Department of Justice, for HKSAR
  Mr Paulinus Lo, instructed by Cheung, Yeung & Lee, Solicitors, assigned by DLA, for the accused
Offence:   (1) & (2) Trafficking in a dangerous drug (販運危險藥物)

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

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COURT: The defendant has pleaded guilty to two counts of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance.

In the afternoon on 23 June 2023, the defendant was intercepted by police officers in Wan Chai. A body search was conducted and 4.59 grammes of methamphetamine, ie ‘Ice’, was found in her short’s pocket. The defendant was then led back to her residence. Inside her residence, 10.27 grammes of methamphetamine, an electronic scale, and resealable bags were found.

The street value of all the drugs found was estimated to be over HK$7,000.

The defendant is now 49, unemployed prior to her arrest. She has two criminal records, one related to trafficking. Although the defendant was charged for two counts of trafficking, given the circumstances of her arrest, ie the time and the location of the interception and the seizure, the overall scenario of the case could be considered to be as one event.

The total quantity is 14.86 grammes of methamphetamine. That attracts a notional starting point of 87.9 months’ imprisonment according to Mr Lo, counsel for the defendant.

Without further evidence pointing to otherwise, this court is prepared to accept that the defendant was acting no more than a courier on that day. However, this is not her first trafficking conviction. As I have mentioned, she has one trafficking in dangerous drug and was only released from prison in 2017. As such, an additional 11.1 months would be added. That makes a total of 99 months’ imprisonment.

The defendant of course will be given the full one-third discount for her plea. As such, for the two counts the defendant stands convicted, she is sentenced to 66 months, each to be served concurrently.