HKSAR v. Kowitatsawanon Rannaprapha

HCCC 438/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 438 OF 2013

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: The jury have convicted you of trafficking in a dangerous drug. Their verdict means that you knowingly carried 1.67 kilogrammes of methamphetamine hydrochloride from South Africa into Hong Kong, intending to take it, in the next step, to Vietnam.

You will have been told that sentencing for drug trafficking in this jurisdiction is based upon guidelines and those guidelines are based upon the nature and quantity of the drug.

For the amount in question in your case, you fall in the category that runs from 1,200 grammes to 4,000 grammes, attracting a sentence of imprisonment after trial of 23 to 26 years.

It is also the case that the guidelines require an enhancement of sentence upwards where international drug trafficking is involved.

All that can be said in your case that has any real effect upon the length of your sentence is the fact that you were a courier. I do not think this was your "Ice" for one minute and I bear in mind that the sort of courier you were reflected a lack of sophistication. I have no doubt someone used you, probably someone in South Africa, but what is apparent from the verdict of the jury, and from the evidence, is that you were willing to be used.

Following the guidelines, with the enhancement, you could be facing a sentence of 25 years’ imprisonment. However, I will reduce that because of your role as a courier and I shall do that effectively by not enhancing for the international element. I appreciate that these are very long sentences that I am talking about with you but believe me, not enhancing is an act of mercy which perhaps you would not have received in all the courts in this building. But I wish to make clear that I am prepared to extend that mercy based upon your role and that alone.

One thing I want to say to you is that you have heard me exchange hard words with your counsel but I want to assure you that has made no difference to the sentence I have got to pass upon you. It has not made it any longer at all.

The least sentence that I can pass upon you is one of 23 years’ imprisonment. That is the least you could have hoped for in the circumstances. You can go down.