HKSAR v. HENAO TORRES OSCAR OSWALDO

HCCC262/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 262 OF 2010

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

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

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

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

COURT: Defendant is convicted by a jury of one count of trafficking in a dangerous drug, involving 1,754.44 grammes of a mixture containing 608.76 grammes of cocaine.

At about 11 am on 10 March 2010 the defendant was selected by a customs officer for baggage examination while entering Hong Kong through the airport. He was carrying a blue suitcase and also another green suitcase. His baggage was searched. Three packets of cocaine were found concealed inside a bottom compartment of the blue suitcase. The street value of the cocaine was about HK$1.58 million, according to the Customs & Excise Department.

The defendant is 38 years old. He was born and educated in Colombia. He is single. He has a clear record in Hong Kong. He has completed high school education. Before this incident he was a merchant selling sports shoes. His father has passed away. The defendant maintained his innocence.

The sentencing tariff in HKSAR v Lau Tak Ming reported in [1990] 2 HKLR 370 and HKSAR v Abdallah reported in [2009] 2 HKLRD 437, are applicable. For trafficking in 600 to 1,200 grammes of cocaine the sentence should be 20 to 23 years’ imprisonment. I bear in mind that the cocaine was taken from Colombia to Hong Kong. The starting point should be enhanced to reflect this aggravating factor.

Having considered the amount of cocaine, his background and the mitigation, I take 20 years as the starting point. I add 6 months to reflect the international element. The final starting point is 20 years and 6 months’ imprisonment. There being no further grounds for reduction, I sentence the defendant to 20 years and 6 months’ imprisonment.