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HCCC 397/2016
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 397 OF 2016
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HKSAR |
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SILVA BARBA Alexander Alberto |
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| Before: |
Hon Anthea Pang J |
| Date: |
6 June 2017 at 3.13 pm |
| Present: |
Ms Diane Crebbin and Ms. Lydia Hon, on fiat, for HKSAR |
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Mr Richard Donald, instructed by Herbert Tsoi & Partners, assigned by DLA, 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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Background and the Facts
The defendant was unanimously convicted by the jury with one count of trafficking in a dangerous drug, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134.
Briefly, on 31 January 2013, the accused was intercepted by the Customs and Excise Officers on his arrival at the Hong Kong International Airport from Bolivia. As a result of a search conducted on the defendant’s two pieces of luggage, they were found to have concealed compartments inside which 6.5 kilogrammes of a powder containing 5.03 kilogrammes of cocaine, the drug particularised in the count, was found.
The drug seized has an estimated retail value of about HK$6.7 million.
The Defendant’s Background and Mitigation
The defendant is a Bolivian who is now 40 years of age. He has got no previous criminal convictions in Hong Kong. It is said that the defendant has obtained a law degree in Bolivia and is married with seven children.
Mr Donald, for the defendant, frankly admitted that since the defendant was found guilty after trial, there is nothing further which he could urge upon this court in mitigation.
The Sentence
The tariffs for trafficking in cocaine were the same as those laid down for heroin in R v Lau Tak Ming & Others and in HKSAR v Abdallah. For trafficking between 4,000 to 15,000 grammes of cocaine, a term of 26 to 30 years’ imprisonment is called for.
Further, if an international element was involved and if the amount was above 1 kilogramme, the starting point should be enhanced and the enhancement would not be less than 2 years’ imprisonment.
Having considered the facts of this case and the amount of the drug involved, I take the view that the sentence passed by the trial judge at the last trial is appropriate and I shall not depart from that.
In other words, I am going to adopt a starting point of 26 years’ imprisonment and an enhancement of 3 years for the international aspect. The defendant was convicted after trial and he would not be entitled to any sentence reduction in relation to plea.
Therefore, he is to serve a term of imprisonment of 29 years altogether.
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