COURT: Defendant, you appear in this court for sentence, having pleaded guilty in the court below to an offence of trafficking in 3.37 kilogrammes of cocaine, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134, Laws of Hong Kong.
The Summary of Facts, which you acknowledge as being correct, establish that you arrived in Hong Kong at the Arrivals Hall of Hong Kong International Airport on 27 February this year, on a flight from Brazil via Dubai. Your suitcase was searched, inside which was found a briefcase containing a computer. The briefcase had a false compartment in which the drugs being the subject matter of the charge were found. It appears from the facts that you picked up this briefcase in Argentina where you stayed with your cousin before flying onto Hong Kong via Dubai.
The street value of these drugs is estimated to be worth slightly over HK$4 million.
You are a Paraguayan national, 32 years of age, with three young children. I am told, through your counsel, that you agreed to transport these drugs for a reward of US$10,000 as you had fallen into financial difficulties back home in Paraguay.
Of course, the international element is an aggravating feature in this case by the very fact that you imported this large consignment of drugs into Hong Kong from overseas and I must have regard to this in sentencing you.
In sentencing you, I take into account all that has been said on your behalf by way of mitigation but it is your plea of guilty that affords you the greatest mitigation and I will give you the full discount in sentence to reflect this.
The sentencing guidelines for trafficking in very large quantities of cocaine are contained in the case of HKSAR v Abdallah Anwar Abbas, Court of Appeal No 304/2008. For trafficking in quantities between 1.2 kilogrammes and 4 kilogrammes of narcotic, the starting point after trial ranges from 23 to 26 years’ imprisonment.
In this case, the court is dealing with 3.37 kilogrammes of narcotic. Accordingly, I adopt a starting point of 25 years’ imprisonment. I will enhance this sentence by 2 years to reflect the aggravating feature that I have identified, coming to 27 years’ imprisonment.
I discount this sentence by one-third to reflect your plea of guilty, arriving at a sentence of 18 years’ imprisonment.