HKSAR v. SHABU YABRE

HCCC32/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 32 OF 2010

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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 at committal on 22 January 2010 to one charge of trafficking in a dangerous drug.  The drug concerned was 990 grammes of a mixture of which the narcotic content was 590 grammes of heroine hydrochloride and 90 grammes of monoacetylmorphine hydrochloride. 

     Today, before me, the defendant confirmed his plea and confirmed the facts that he had admitted at committal.  Those facts show that the defendant, who is a citizen of Guinea-Bissau, was intercepted at the airport by Customs and Excise.  An X-ray taken later at Queen Elizabeth Hospital showed foreign bodies in his abdomen and rectum.  The defendant told Customs and Excise he had swallowed about 40 pellets of cocaine weighing about 500 grams. 

     He was admitted to hospital and between 0400 hours on 8 February 2009 and 1835 on 9 February 2009 discharged 66 pellets.  Subsequent analysis by the Government Chemist confirmed the quantity as in the charge.

     At a cautioned record of interview the defendant said that he was single; he was a businessman dealing in motor spare parts earning US$3,000 a month.  He had been in Bangkok for two weeks before he came to Hong Kong and a Nigerian friend had asked him to swallow the “stuff” and told him he would meet him in Hong Kong to collect it.  He was told the stuff was dangerous drugs but not which drug it was and he guessed that it was cocaine.  He was paid US$2,900 by his friend.  The drugs had a street value of $826,650. 

     The accused has a clear record in Hong Kong, although he has been to Hong Kong four times before in 2009.  He is one of four children.  His mother is earning HK$150 a month selling fruit.  The defendant was initially working with his mother but in 2009, through the introduction of a friend, he obtained work in Thailand selling motor spare parts.  He was in that position from January to July of 2009 and, at that time, he needed alternative employment. 

     He was persuaded by a fellow African, Mr Mango Lubben to traffic in the drugs.  He met him the day before he travelled to Hong Kong.  On arrival he was instructed to go to a guest house in Mirador Mansion where Mr Lubben would meet him to collect the drugs.  On the morning of the 7th, Mr Lubben gave him the packets which he ingested.  He gave him an air ticket to Hong Kong and the US$2,900 which was his payment. 

     Particulars of the charge set out the narcotic content.  For the purposes of the sentencing, I treat the narcotic content as 600 grammes.  The monoacetylmorphine hydrochloride is a different form of heroin, a simpler form of heroin which takes the quantity, over the 600 grammes, but I think in fairness that I should deal with it at 600 grammes. 

     The only mitigation in this matter is the plea of guilty, which I accept was an early plea and I accept the letter written by the accused to the court in which he sets out his remorse for his offence and his willingness to accept his punishment. 

     I take into account the Lau Tak Ming guidelines and take a basic starting point of 20 years.  I add on one year for the international element in this case relating to the importation of the drug which was a large and valuable quantity.  I give full discount for the plea and sentence the accused to 14 years' imprisonment.