HKSAR v. GONCALVES LEAO JAKSON

HCCC 254/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 254 OF 2017

-----------------

-----------------

------------------------------------------

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

------------------------------------------

COURT:

The defendant pleaded guilty before a magistrate to one count of trafficking in a dangerous drug and was committed for sentence. The total quantity of the dangerous drugs involved is 807 grammes of cocaine.

The estimated street value of the cocaine amounts to just over HK$1 million.

The defendant is a Brazilian citizen. On 29 November 2016, he was detained at Hong Kong International Airport after arrival on a flight inbound from Doha. His journey had originated in Sao Paulo. Nothing illegal was found from his baggage or on his body. The defendant was sent to the hospital where examination revealed that there were suspicious objects inside his body. The defendant later discharged 92 packets containing the relevant drugs.

In an interview with the police, the defendant said he swallowed the packets of drugs in Brazil on the instructions of a person named Charli. His sister owed this Charli a loan and Charli threatened to harm or killed his sister and his family.

The defendant is 28 years old and he is married. He worked as a waiter in Brazil before committing the present offence. He has no criminal record in Hong Kong.

In mitigation, Ms Ku, counsel for the defendant, said the defendant is now very remorseful and the defendant regrets that he did not go to the police for assistance when he faced the threat from Charli.

Ms Ku submitted a letter written by Father Wotherspoon saying that the defendant has supported strongly in his anti-drug campaign. Father Wotherspoon is renowned for running a campaign in Hong Kong to try to stop drug traffickers from using people in Africa or South America to traffic drugs into Hong Kong. The campaign mainly consists of letters from inmates in Hong Kong which the Father has put on his website and referred to media and blogs in other countries with a view to expose to people in those places, the serious consequence they might face in being used to traffic dangerous drugs to Hong Kong. The Court of Appeal and also fellow judges in Court of First Instance have commended Father Wotherspoon for his work in their judgments. According to the Father, the defendant and his family have been supporting his campaign.

Trafficking in dangerous drugs is a very serious offence. People committed this offence in Hong Kong will inevitably face with a very long term of imprisonment. The length of imprisonment depends mainly on the quantity of the dangerous drugs he has trafficked. For trafficking in large quantity of cocaine, this court should follow the tariff laid down in HKSAR v Abdallah [2009] 2 HKC 197. For trafficking in a quantity between 600 grammes and 1,200 grammes of cocaine, a starting point of 20 to 23 years’ imprisonment should be adopted. In the present case, the quantity of cocaine involved is 807 grammes. The appropriate starting point should be 21 years’ imprisonment.

In the present case, the defendant imported the cocaine into Hong Kong. This is an aggravating factor and the sentence should therefore be enhanced. Following the board guideline in HKSAR v Chung Ping Kun CACC 85/2014 (2 July 2014), the sentence should be enhanced by 1 year.

The heavy sentence imposed for this kind of offence is for deterrence. Usual mitigations like clear record, financial hardship and family situation are not valid mitigating factors. In my view, the reason of the defendant committing this offence stands from the financial hardship faced by his family and I do not see it as a valid mitigating factor. On the other hand, I would, however, reduce his sentence by 1 year because of his assistance given to Father Wotherspoon in his anti-drug campaign.

In the circumstances, the appropriate sentence if convicted after trial would be 21 years’ imprisonment. Giving a full one-third discount to the defendant because of his early guilty plea. The sentence is reduced to 14 years’ imprisonment.