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HCCC 268/2017
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 268 OF 2017
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| Date: |
20 October 2017 at 9.50 am |
| Present: |
Mr Lenny Cheng, SPP (Ag) of the Department of Justice,
for HKSAR |
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Mr Peter Julian Cahill, instructed by Krishnan & Tsang,
for the accused |
| 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 pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.
He arrived at Hong Kong International Airport from Guinea via Dubai, it was found that there were foreign objects inside his body cavity. Eventually, a total of 60 pellets of drugs were retrieved from his body within the next few days. Although he denied knowledge at first, he eventually came to admit that he possessed the drugs for trafficking and was importing such into Hong Kong at the material time.
Upon analysis, the drugs were found to be 761 grammes of a solid containing 618 grammes of cocaine.
The retail value of the cocaine was in the region of $690,000.
By way of mitigation, I was told that the defendant is aged 35, with a clear record in Hong Kong. He is married and has a son aged 3 months. He used to work as a singer with no stable income. Counsel told me that he was unable to support his family and child and was lured into committing the present offence by two customers who visited the club where he sang and counsel termed this a classic case of the strong preying on the weak but concedes that financial difficulties itself is no mitigation in a drug trafficking case.
In sentencing the defendant, I have taken into account the nature of the offence, the kind of drugs involved in the present case, sentencing tariff as well as mitigation forwarded. For trafficking in cocaine, weighing between 600 to 1,200 grammes, a starting point of 20 to 23 years is to be adopted. So in the present case which involves 618 grammes of cocaine, I adopt a starting point of 20 years and having referred to the case of Chung Ping Kun, I enhance it by 1 year to take into account the international element. He is entitled to a full one-third discount for his plea of guilty.
He is sentenced to 14 years’ imprisonment.
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