HKSAR v. SILVA PAOLA ANDREA GALVIS

 DCCC1267/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1267 OF 2009

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to three charges, those being: trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134 - that is Count 1; possession of Part I poison, contrary to section 23(1), 33(1) and 34 of the Pharmacy and Poisons Ordinance, Cap. 138 - that is Count 2; and possession of dangerous drugs, contrary to section 8(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap. 134 - that is Count 3.

2.  The particulars of Charges 1 and 2 relate to a variety of different drugs and poisons, being quantities of cocaine, ketamine, Ice and cannabis, both resin and in herbal form, found on 7 August 2009, inside the premises in Lily Mansion in Lockhart Road where you were staying.  Also found there were assorted drug trafficking paraphernalia such as electronic scales, numerous resealable plastic bags, adhesive tape and a paper wrapping machine. 

3.  Some five weeks later, on 15 September of last year, whilst you were on bail relating to the first two charges, the same premises in Lily Mansion were searched again, and inside your handbag a cigarette box was found, inside which a small quantity of cocaine, being the subject matter of the 3rd charge, was found. 

4.  You are a Columbian national, I am told 21 years of age.  You have one previous conviction here, which is an offence of breach of condition of stay in May of 1999, when you were fined $500.  I am told that the drugs belonged to your friend, you were aware that they were for trafficking, and you agreed to keep them for him.

5.  The only mitigation here is your plea of guilty, and I will give you the requisite discount in sentence to reflect these pleas.

6.  With regard to the 1st charge, this court is dealing with a cocktail of different substances, all relatively small quantities, and I propose to adopt the combined approach in sentencing you.  Included in the drugs that you had in your possession for the purposed of trafficking was 4.9 grammes of cocaine.  The starting point that I would have adopted were these the only drugs that you were trafficking in would have been one of 3 years’ imprisonment.  However, in addition to this, small quantities of ketamine, cannabis and Ice were also found.  Accordingly, in respect of the 1st charge, I propose to adopt a starting point of 4 years’ imprisonment.  I will discount this by one-third to take account of your plea of guilty, coming to 32 months’ imprisonment on Charge 1.

7.  With regard to Charge 2, I adopt 3 months as my starting point.  I will deduct this also by a third to take account of your plea, coming to 2 months on Charge 2.  I order this to run concurrently with Charge 1.

8.  As far as Charge 3 is concerned, I adopt 9 months’ imprisonment as the appropriate starting point, and again reduce this by one-third to take account of your plea, coming to 6 months’ imprisonment on Charge 3. 

9.  As this offence was committed whilst you were on bail, this sentence is ordered to run consecutively with the sentence on Charge 1, arriving at a total sentence of 3 years and 2 months’ imprisonment in all.