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HCCC 524/2013
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 524 OF 2013
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HKSAR |
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LUKIO, Jemas Christopher |
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| Before: |
Deputy High Court Judge Tallentire |
| Date: |
7 July 2015 at 11.19 am |
| Present: |
Mr Peter Power, SADPP of the Department of Justice, for HKSAR |
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Mr Robert John Hugh Tibbo, instructed by Wong & Co, 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: On 29 November 2013, you pleaded guilty to a single offence of trafficking in dangerous drugs. You admitted the facts, and you were convicted at Eastern Magistrates’ Court. That conviction was confirmed by this court on 13 February 2014, when you appeared before my colleague Line J.
The offence itself involved 1.16 kilogrammes of a mixture containing 0.58 kilogrammes of heroin hydrochloride, and 0.14 kilogrammes of 6-monoacetylmorphine hydrochloride, a salt of an ester of morphine.
The facts are as follows. You arrived at the airport on 15 June from Nairobi. You were intercepted by customs officers who suspected you of internal concealment of dangerous drugs. You were sent to Queen Elizabeth Hospital where you subsequently discharged the dangerous drugs, the subject of the charge.
The estimated retail value of all dangerous drugs in this case at that time was $960,120.
You are of hitherto clear record. You accept the accuracy of the antecedent statement. That tells me that you are 48 years of age, and a native of Tanzania. You are married with three children, all of whom are students. You are educated to secondary level, and claim not to be a drug-abuser. Prior to arrest, I am told you were a businessman earning around US$100 a month.
On your behalf, Mr Tibbo entered mitigation. He expressed your remorse for the commission of the offence. He pointed out that this was an offence committed by a man of clear record in circumstances of desperation, financial hardship. He pointed out also that your family lived in very straitened circumstances, in a house without essential services, and he asked me to take the lowest starting point possible.
I turn now to the sentence. I do note that you have been co-operative throughout, I do note that you have hitherto clear record. I therefore take as a starting point, 20 years’ imprisonment. That would be enhanced by 1 year for the international aspect to 21 years. For your plea of guilty, you will get the full one-third discount. You will go to prison for 14 years.
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