HKSAR v. COOK NEVILLE ROGER ALEXANDRA

HCCC 185/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 185 OF 2016

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: Roger Neville(Neville Roger?) Cook, you pleaded guilty to one count of trafficking in dangerous drugs before the Eastern Magistracy on 15 April 2016, in that you trafficked in 723 grammes of cocaine on 6 October 2015, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

You travelled to Hong Kong from Johannesburg via Dubai on 6 October 2015 and attempted to enter Hong Kong via the “Nothing to declare” channel of Customs at Chek Lap Kok Airport. You were openly carrying a white plastic bag containing a box of chocolates and a box of biscuits which were both used to conceal the cocaine.

At the time of arrest, you had said that you did not know what the white powder was and that you were to give the powder to somebody in a hotel in Tai Kok Tsui. To your credit, you assisted in an attempted controlled delivery which proved unsuccessful. It would appear from what you have told the court that on this occasion you may indeed have been setup in order to allow for a fellow traveller to pass through immigration.

You were frank in interview that this had not been your first trip to Hong Kong delivering goods, but less than frank at that stage when you suggested that you had thought the goods to be jewels. By your plea, you clearly now say that this was not the case and you knew you were trafficking in dangerous drugs.

The street value in Hong Kong of the drugs that you were trafficking in was HK$1,595,802.

You said that you were to receive 17,000 rand and US$300 as a reward after delivery, plus 4,000 for expenses.

Mr Shah has mitigated on your behalf and I have listened to all that he has said. I have also read two lengthy letters and there appears to be absolutely no doubt that you had fallen on hard times in a country which is struggling economically and has absolutely no welfare system to help people such as yourself. You have been reliant on others to see you through when you could not work and the temptation to carry out this crime must have been great in all the circumstances. I have personally seen the difficulties both black and white South Africans have today; if they lose their jobs, the job market is extremely difficult in South Africa.

But it was a crime and it was a very serious crime. It is one which harms very many people and it benefits only very few and it does not even benefit a carrier. Very little personal mitigation can affect the sentence which this court has to pass for such a serious offence. But I have taken into consideration your genuine desire to assist at the time of your arrest since that day, and the fact that the assistance that you have now given may very well eventually produce results, although not immediately.

For trafficking in 723 grammes of cocaine, the guideline case is that of HKSAR v Abdallah [2009] 2 HKLRD 437. For trafficking in between 600 and 1,200 grammes of cocaine, the starting point after trial is between 20 and 23 years’ imprisonment. For 723 grammes, the starting point is therefore 20 years and 6 months. But there is also the question of the international importation of these drugs which the authorities say is an aggravating factor and I therefore enhance your sentence by 1 year and 6 months, so that the total starting point if it had been after trial would be 22 years.

You will be given an appropriate discount for entering your plea at the first opportunity and for the assistance that you have given. You will therefore go to prison for a period of 14 years and 3 months.