HKSAR v. RIVERO SOLIZ HERNANDO

HCCC 43/2018

[2018] HKCFI 1338

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 43 OF 2018

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:

Accused, I have taken into account everything that your counsel has urged on your behalf. You stand convicted of one charge of trafficking in dangerous drugs. You have pleaded guilty in the Magistrates’ Court and you have been committed to this court for sentence.

The quantity of drugs involved was 945 grammes of a damp solid which, upon drying, was found to contain 918 grammes of a solid containing 694 grammes of cocaine.

The estimated retail value of these drugs was HK$911,925.

These drugs were imported into Hong Kong and therefore calls for enhancement. All things considered, I adopt a starting point of 20 years and 6 months, enhanced it by one year making a total of 21 years and 6 months.

Your counsel has urged me to give you a discount for your assistance given to Father Wotherspoon’s scheme in combating drug trafficking. It appears that some judges in the High Court have given a small discount for such assistance.

In all the circumstances of the present case, I propose, consistent with the approach indicated by the Court of Appeal in the case of HKSAR v Akinyi Grace Sylvia on 5 May 2016, to leave it entirely to the executive.

Having taken into account everything urged on your behalf, including your early plea of guilty at the Magistrates’ Court, I give you a full one-third discount thereby reducing the sentence from the starting point of 21 years and 6 months to one of 14 years and 4 months.

I therefore sentence you to 14 years and 4 months’ imprisonment.