COURT: Defendant, please stand up.
The defendant pleaded guilty to one count of trafficking in a dangerous drug contrary to section 4 of the Dangerous Drugs Ordinance. He was committed to this court for sentence.
On the material day, the defendant was stopped by Customs Officers for baggage inspection at the Hong Kong International Airport. Two blankets, one jacket and a vest, which appeared to be unusually heavy and with a strong odour were found to contain a powder substance; further examination of these blankets and the clothing uncovered 3.63 kilogrammes of cocaine. The street value was estimated to be HK$5.3 million.
The defendant is 47 and has a clear record both in Hong Kong and Argentina. Before his departure to Hong Kong he worked as a security guard.
It is now accepted by the defendant that he knows he was carrying dangerous drugs into Hong Kong but was not aware of the exact nature of them.
The amount of cocaine seized is huge and the method is sophisticated. Although there is no evidence to suggest that the defendant is the mastermind behind this operation he nevertheless played an important and significant part in this smuggling.
Guidelines on sentence are clear. The starting point for trafficking in over 3.6 kilogrammes of cocaine should be set at 25½ years’ imprisonment. There is one important aggravating feature in this case; that is, drugs being transported across countries and continents, in this case from Brazil to Doha and then to Hong Kong. For that a further 2 years will be added.
There is, however, one important mitigating feature in this case. That is the defendant’s willingness to participate in a controlled delivery operation. For his assistance to law enforcement agencies a 1½-year deduction will be made. As such, the sentence point for this case will be set at 26 years’ imprisonment. The defendant of course is entitled to the usual one-third discount for his plea.
In conclusion, the defendant is therefore sentenced to 17 years and 4 months’ imprisonment.