HKSAR v. MANJAIARRAYA NATTHASIRI

HCCC 261/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 261 OF 2014

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

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COURT: You have pleaded guilty to a single offence of trafficking in dangerous drugs, that being 1.571.57 grammes of methamphetamine hydrochloride, commonly known as “Ice”. You admitted the facts, and I convicted you.

In brief, what happened is as follows. On 5 January 2014 at about 1720 hours, you were intercepted while checking in on a flight to Phuket. You were taken to a room for a search. Inside your suitcase, Customs officers found 12 plastic bags containing packets labelled as “Card Reader”. Some of the packets contained USB card readers, some USB chargers, and some plastic tubes. A tube was broken open and found to contain suspected methamphetaminehydrochloride.

Under arrest and caution you said:

(1) The items in your luggage were USB.

(2) That an African male friend named Dor had given them to you in China to take to his friend in Thailand. You provided those contact numbers.

(3) You would be contacted on arrival in Thailand.

(4) You were to receive no reward.

The other plastic tubes contained more suspected drugs.

Subsequent analysis revealed the total weight to be 1,591.91 grammes of crystalline sold containing 1,571.57 grammes of methamphetamine hydrochloride, that is “Ice”.

The total street value is approximately $679,745.57.

In a subsequent video-recorded interview under caution, you gave more details of how you came to commit the offence. Inter alia, you said the following:

(1) You live and work in Bangkok.

(2) That on 30 December 2013 you went to Guangzhou and then arrived in Hong Kong on 5 January 2014.

(3) This is your second trip to Guangzhou. On your first trip a friend introduced you to an African called Dor who was in the clothing business. You believed he would invite you to join his business.

(4) On the present trip, you believed you would be given some clothes so you waited for Dor.

(5) On 4 January 2014 he gave you the items which he said were USB to be delivered to Thailand. You arrived with them in Hong Kong the next day.

(6) You were not paid for the delivery.

(7) You denied knowledge of the dangerous drugs seized and claimed to have been deceived.

You now admit you know you were carrying dangerous drugs.

You have a clear criminal record in Hong Kong. You agree that your antecedent statement is largely correct. In essence, that tells me you are a Thai, aged 32 and educated to Form 3. You are married but have no children of that marriage. Your parents are deceased. You claim not to be a drug abuser.

Miss Yip on your behalf put before me further mitigation. She said that you had grown up in a farming community, which was a very hard and poor life. You entered the workforce at age 15 or 16. Your actual father - your biological father died when you were very young, and you were looked after by your stepfather and your mother. Your stepfather was very kind to you.

I am told that you have two children born out of wedlock: a son whom you have no contact with, and a daughter whom you do have contact with - your daughter is approximately 15 years of age. She was looked after by your mother, but now is looked after by your sister. You have had various jobs throughout your life, including petrol attendant, working as a kitchen worker and your final job was that of a security guard. You left that job in 2014 to care for your sick mother.

At the time of the present offence, you were unemployed. You were duped into committing the offence with the promise, so you believed, of being involved in a business venture, that is selling clothes. I am told that you did not know the exact nature of the dangerous drug, but you were aware you were carrying dangerous drugs, and on that basis you were, of course, convicted.

I turn now to the sentence.

You will be sentenced on the old scale. That scale tells me for in excess of 600 grammes of methamphetamine hydrochloride the starting point is over 18 years. The present amount is approximately one-and-a-half kilogrammes of “Ice”.

This offence is a very serious offence. It is a prevalent offence. On your behalf I accept that you were duped into the commission of the offence. I do take into account your clear record. I note that you have had a far from easy life. However, the major point of mitigation, as Miss Yip so rightly points out, is your plea of guilty.

For the offence, I will take a starting point of 21 years. That will be enhanced by 2 years because of the international aspect, that is the 23 years. You will receive a one-third discount which gives a total of 15 years and 4 months’ imprisonment.

So you will go to prison for 15 years and 4 months.