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HCCC 106/2017
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 106 OF 2017
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| Date: |
17 August 2017 at 3.49 pm |
| Present: |
Mr Martyn Richmond, on fiat, for HKSAR
Mr John Patrick McNamara, instructed by Robinsons Lawyers, assigned by DLA, for the accused
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| Offence: |
Trafficking in a dangerous drug (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 is convicted after trial of one charge of trafficking in a dangerous drug.
He was kept under surveillance by customs officers after arriving by air from Dubai. He was collected by two seemingly African males and driven to the Gold Coast Piazza. He was intercepted at the carpark there and his suitcase was found to be containing dangerous drugs hidden in a concealed compartment in four fax rolls and three document folders. Analysis of those drugs revealed 5,461 grammes of a solid containing 3,432 grammes of cocaine.
The defendant is a Czech citizen. He is now aged 64.
The case of Abdallah has set down guidelines for trafficking in large amounts of cocaine or heroin. The present narcotics, namely 3,432 grammes of cocaine, fall within the 1,200 to 4,000 gramme bracket, with a starting point of 23 to 26 years. That case also specifies that with an international element, for amounts above 1 kilogramme, there should be an enhancement of not less than 2 years.
In a subsequent case of Lau Chun Sing, involving 2.95 kilogrammes of cocaine, the Court of Appeal is of the opinion that a starting point of 25 years before enhancement was correct, but the enhancement by virtue of the international element should be limited to 2 years, thus making a starting point of 27 years.
I consider that 27 years’ imprisonment is an appropriate sentence for the present case. The defendant goes to prison for 27 years.
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