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HCCC15/2012
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 15 OF 2012
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HKSAR |
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v |
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Garcia, Bernard Kee |
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| Date: |
30 August 2012 at 3.51 pm |
| Present: |
Mr Frederic C Whitehouse, on fiat, for HKSAR |
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Mr Kevin B Egan and Ms Jane Moir, instructed by Messrs Haldanes, for the Accused |
| Offence: |
Trafficking in dangerous drugs (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: The defendant has been convicted after trial of one count of trafficking in a dangerous drug, namely 7.95 kilogrammes of heroin hydrochloride and 1.05 kilogrammes of monoacetylmorphine hydrochloride, or 6-MAM, as it is called, by pure narcotic content.
The facts of the case were simple. The defendant was just off the plane from Hanoi. He was stopped while making his way through the Customs Arrival Hall, nothing-to-declare channel. His baggage was searched. Drugs were found partly hidden in some false compartments of his suitcases and partly hidden under some gasket samples innocently placed in two travelling bags.
The defendant is aged 41, Filipino by nationality. After leaving college in his third year, he had spent time working both in the Philippines and overseas, mainly in the catering industry. Immediately prior to the present case, he was running his own water refilling business. He was, and is, I suppose, married to a woman who has her own ready-to-wear business and has seven children. The records show that he travelled regularly within the region. He has no previous conviction.
In mitigation, counsel has, very realistically, pointed out that given the verdict and the amount of drugs involved, there was very little, if anything, to say on his behalf.
Given the international element and the staggering quantity of drug involved, ie, a total of 9 kilogrammes of heroin and MAM of equal potency, the starting point of this case should be one of 30 years, 28 years for the drugs, 2 years as enhancement for international trafficking (reference HKSAR v Abdallah [2009] 2 HKLRD 437).
As the defendant contested the case and can offer no mitigation, that figure stands. The defendant will go to prison for 30 years.
Please refer to CACC383/2012 for the relevant appeal(s) to the Court of Appeal. |