HKSAR v. KIVELLEGE, JIMMY JOSEPH

HCCC 445/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 445 OF 2011

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: I have to sentence you for trafficking in a dangerous drug. It will have been explained to you that we follow guidelines in sentencing in cases like yours and the guidelines are based upon the quantity of the drug and the nature of it.

The drug in your case was heroin. You had swallowed pellets of it and were stopped at our airport here and you expelled the swallowed pellets from your body.

You pleaded guilty and you earn yourself a one-third discount.

You are at the top of the bracket towards the heroin guidelines set out in a case called Lau Tak Ming and following those guidelines and imposing a sentence upon you, I take into account all that your counsel said to me this morning. They were measured and reasonable submissions that he made and, on a plea of guilty, I am minded to give full weight to what he said.

Accordingly, applying the one-third discount, that will result in a sentence of 8 years’ imprisonment and that is the sentence I pass upon you.