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HCCC 426/2013
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 426 2013
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HKSAR |
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Alejandro Ruben SAFTICH MONTERO |
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| Before: |
DHCJ Stuart Moore |
| Date: |
9 December 2013 at 10.22 am |
| Present: |
Ms Lilly Wong, PP, of the Department of Justice, for HKSAR |
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Mr Andrew Christopher Leung Hok-yuen, instructed by Patrick & Tse, assigned by the Director of Legal Aid, for the defendant |
| 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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COURT: On 4 October 2013, the defendant, who is now 65 years old from Bolivia, pleaded guilty to this charge of trafficking in 3.64 kilogrammes of a powder containing 2.21 kilogrammes of cocaine. Today he has accepted the plea that he entered in the magistrates’ court and also has accepted the summary of facts which has been read out in this court today.
The drugs in the case were worth just over $3,479,000 at street value and they were found in concealed compartments of his hand luggage after his arrival on an Emirates flight from Sao Paolo and Dubai, although he had originally left Bolivia and picked up the package when he got to Brazil.
The guidelines for sentence, which are set out in HKSAR v Abdallah Anwar Abbas [2009] 2 HKC 197, indicate that for amounts of between 1,200 and 4,000 grammes a recommended sentence of between 23 and 26 years imprisonment should be imposed. In the present circumstances, before any enhancement for the international element involved in this offence, I would have taken a 24 year starting point, but with enhancement for bringing this very large quantity of cocaine into Hong Kong there should be a further enhancement of 2 years, making 26 years imprisonment after trial.
Now, would you stand, please, Mr Saftich Montero. You have pleaded guilty in good time. You will receive the full benefit for doing so. The sentence you would have received if you had contested this case and been found guilty by a jury will be reduced by a third.
Accordingly, your sentence is 17 years and 4 months imprisonment.
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