HKSAR v. Suk-in Manunya

DCCC 1126/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1126 OF 2012

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Reasons for Sentence

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1.The defendant pleaded guilty to four charges, including possession of a forged ID card, breach of condition of stay, trafficking in a dangerous drug and possession of apparatus fit and intended for the inhalation of a dangerous drug.

2.The facts were that in the morning of 14 September 2012 the defendant was found acting furtively at the lift lobby, Ground Floor, Kwai Wing Building, Wanchai.

3.Upon stop and search, the defendant produced a forged Hong Kong ID card in the name of Miss Pattum Amornrat. Police further noticed the poor quality of it and therefore arrested her for the related offence.  The defendant replied, “This is a forged ID card, I am overstay.” 

4.The defendant then produced a Thai national passport in her name of Suk-In Manunya, from which the defendant was only permitted to remain in Hong Kong as a visitor for 90 days from 12 January 2011. 

5.Police later went on to search her residence at Room C, 12th Floor of the said building, and found one plastic bag containing 3.35 grammes of a crystalline solid containing 3.21 grammes of methamphetamine hydrochloride, commonly known as “Ice”.  There were also some apparatus fit for inhalation of dangerous drugs including a plastic bottle inserted with two straws containing liquid with traces of “Ice”.  There were also an electronic weighing scale, a pile of transparent resealable bags, scissors and adhesive tape.

6.The defendant admitted that she sells “Ice” to the customer in bar area.  In the video recorded interview she further admitted she knew “Ice” was a dangerous drug and she obtained it for $1,800 and she would provide to her customer whom patronise her for sex.

7.The Government Chemist also confirmed the said ID card was forged and the estimated value of the dangerous drugs was about $2,700.

8.The defendant is aged 40 and she has a clear criminal record. 

9.Ms Sujanani submits that she is married and her child was born in Hong Kong in 2009.  However, her husband was later on seriously ill and went back to Thailand, leaving her in Hong Kong, and the child is now being taken care of by her parents, also in Thailand. The defendant now pleaded guilty and hoped to go back as soon as possible to take care of her child. 

10.As to the charge of trafficking, in AG v Ching Kwok Hung [1991] 2 HKLR 125, it laid down the tariff that up to 10 grammes of “Ice”, 3 to 7 years’ imprisonment should be imposed.  Now the “Ice” in question was 3.21 grammes.  Counsel submits a lower range should apply.  I agree.

11.For the trafficking charge, 3 years’ imprisonment as starting point,  that will be reduced to 2 years upon guilty plea.

12.For possession of apparatus fit and intended for inhalation, 12 months’ imprisonment.  That will also be reduced to 8 months.

13.For possession of forged identity card, there was no evidence that she had used it to secure any employment but no doubt that would be useful as an overstayer.  I adopt 12 months as the starting point and that will be reduced to 8 months.

14.As to the overstaying, she did overstay for about 1 year and 5 months, which was a lengthy period.  I adopt 6 months as a starting point and that will be reduced to 4 months.

15.For the totality principle, I consider it appropriate to make all drugs-related offence to run concurrently, and that also apply to the two respective Immigration offences.

16.After consideration, I assess that the appropriate overall sentence for all the offences be 28 months’ imprisonment.  They are as follows:

Charge 1: 8 months;

Charge 2: 4 months;

Charge 3: 2 years;

Charge 4: 8 months;

The first two charges be run concurrently, the 3rd and 4th charges also be run concurrently, and then 4 months from the first two charges be made consecutively to the 3rd and 4th charges.

17.So for all charges the defendant is sentenced to 28 months’ imprisonment.