HKSAR v. SILVA BARBA ALEXANDER ALBERTO

HCCC 225/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 225 OF 2013

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

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COURT: Defendant, you have been found guilty by the jury of a very serious offence, that is unlawful trafficking in 6.5 kilogrammes of powder containing 5.03 kilogrammes of cocaine. The street value of the narcotic in this case is over $5 million. The social consequences are immense.

I note that you accept the antecedents statement except for the fact that your income is variable. You are 30 years of age and a qualified lawyer; married with seven children. I accept that two of your children have health problems. I accept there is nothing to suggest you are anything other than a very caring and good father.

There is nothing in this case by way of mitigation. Your defence, which was disbelieved by the jury, was one of pointing the finger at the Customs & Excise officers, accusing them of perverting the course of justice.

You are a man of clear record and I note that. I note that you have lost your career and you have lost your family for a substantial part of your life.

Whilst I accept that the guidelines are not straightjackets, they are there to ensure consistency of sentencing. In this case I can see no reason to depart from those guidelines.

Defendant, taking into account all the mitigation that has been advanced and I have heard, you will be sentenced to 26 years’ imprisonment with an enhancement of 3 years for the international aspect of bringing the drugs into Hong Kong.

You will go to prison for 29 years.