HKSAR v. Jitsatta Chosita

Case No.HCCC 409/2012
Court
High Court CFI
Date23 Jul 2013
Judge
Case Document
100%

HCCC 409/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 409 OF 2012

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  HKSAR  
  v  
  Jitsatta Chosita  

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Before: The Honourable Mr Justice Line
Date: 23 July 2013 at 2.35 pm
Present: Ms Diane Crebbin, on fiat, for HKSAR
  Ms Ody M A Lai, instructed by May Cheng & Co, assigned by the Director of Legal Aid, for the accused
Offence: 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: When you were convicted on the last occasion, the judge spent a long time explaining to you - and you will have had his reasons in writing - why he passed a sentence of 25 years imprisonment. In fact, he delivered what amounts to an essay about how the Court of Appeal deal with these things here. He explained about the aggravation for the international element, he gave you a year’s discount for the attempt to help the Thai police and generally explained everything to you.

In those circumstances, I am not going to repeat his reasons. I will say, not that it matters at all, that I would have arrived at the same figure, but by a slightly different route, but the guidelines are such and the way we follow previous cases is such that my hands are tied and I have little discretion, in effect, what the sentence should be.

For drug trafficking on this scale, the sentence has to be a very long one and it doesn’t need me to say - and it is a sobering thought - that if you had done this and been caught in another country in South-East Asia, you may well have faced the death penalty.

Accordingly, the sentence I pass upon you is one of 25 years imprisonment.