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HCCC 196/2019
[2019] HKCFI 2436
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 196 OF 2019
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HKSAR |
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Srivichai Thanyathap |
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| Before: |
Hon Campbell-Moffat J |
| Date: |
16 September 2019 at 10.04 am |
| Present: |
Ms Cherry Chong, PP of the Department of Justice, for HKSAR |
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Ms Nisha Mohamed, instructed by Boase, Cohen & Collins, assigned by DLA, 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:
Mr Srivichai, you have pleaded guilty to trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. You were trafficking in 26.6 grammes of methamphetamine hydrochloride or ‘Ice’, as it is commonly called, when the taxi that you were in was stopped on its way to Times Square in the early hours of the morning of 22 November 2018 in Wan Chai Road eastbound near to Mallory Street. The police officer who stopped you believed that you had ‘Ice’, or dangerous drugs at least, concealed under your clothes. However, you tried to escape from police custody and attempted to dispose of the drugs by throwing them away outside of a branch of HSBC bank. You were caught.
A single packet of ‘Ice’ was recovered which you now accept was yours. In interview, you said you had fled because your visa had expired, and we now know that to be the case. You also said that you are a consumer of ‘Ice’ and that the money that you had on you at the time was from working in a bar, but the contents of your mobile phone clearly reveal that you were selling drugs on an ongoing basis.
The street value of the drugs at that time that you had on you was $16,080.
You are now 28 years of age. You came to Hong Kong on 16 June 2017 and overstayed from 15 August 2017, for which you received a 1-week suspended sentence for a year on 18 January 2019. This offence was therefore not committed during the period of that suspension and that period of suspension will come to an end whilst you are in prison serving your sentence for this offence.
I have taken into account all that has been said on your behalf by Ms Mohamed and the written submissions that I have on your behalf as well as your own mitigation letter in which you express remorse. You have had a difficult upbringing but not so difficult that you were not able to go to university. No doubt you were able to do so because of the hard work of both your mother and your grandmother who, sadly, have recently passed away. Perhaps the greatest punishment today is that I am sure that both of them would not be proud of what you have done. They did not make sacrifices so that you could become a drug dealer, and I urge you to take that thought away with you whilst in prison so that you can concentrate on a new life that you will have in Thailand when your sentence is served.
The relevant sentencing guideline for the offence of trafficking in ‘Ice’ in November 2017 is HKSAR v Tam Yi Chun [2014] 3 HKLRD 691. For trafficking in between 10 grammes and 70 grammes of ‘Ice’, the sentencing range is between 7 and 11 years. For trafficking in 26.6 grammes of ‘Ice’, the starting point after trial is therefore 7 years and 9 months.
The trafficking of dangerous drugs is a very serious offence. Deterrence is therefore an overwhelming consideration. Whilst I have heard your personal circumstances, in the face of such a serious offence, there is nothing which has been said on your behalf which would warrant a more lenient course than would otherwise be the case. You are of course entitled to a full one-third discount for your early plea. You will go to prison for 5 years and 2 months.
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