HKSAR v. COSSIO LIT MARCO ANTONIO

HCCC 184/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 184 OF 2015

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

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COURT: Defendant, you have pleaded guilty to and admitted the facts of a single offence of trafficking in dangerous drugs and you were convicted.

As we know, the offence itself involved 614 grammes of cocaine. The facts are as follows. At about 1835 hours on 30 July 2014 you were intercepted at the Arrival Hall at the airport having arrived from Brazil via Ethiopia. A search of your bag revealed white powder in it. Also, when the bag was cut open two cotton pads containing solids were found. Those solids contained 320 grammes of cocaine. Your jacket was also checked, and hidden in the lining were three cotton pads containing further solids. Those solids were later found to contain 294 grammes of cocaine.

Throughout under caution you remained silent. You agreed to conduct a controlled delivery, but no one approached you at the airport.

In a video-recorded interview under caution you said amongst other things the following:

(1) Two days previously you had been given a jacket and an empty bag containing dangerous drugs in Bolivia to deliver to Hong Kong. You did not know what kind of dangerous drug it was. You were given US$300, plane tickets and a passport were arranged for you.

(2) You took a bus to Campo Grande in Brazil, then you travelled to Sao Paolo and flew via various locations to Hong Kong.

(3) You were told that two Columbian males and a Columbian female would pick you up at the airport and drive you to their home.

A subsequent analysis of the drugs found showed that a total of 614 grammes of cocaine were seized.

The estimated street value in Hong Kong dollars is approximately $644,086.

You freely admit to having dangerous drugs in your possession for trafficking.

You are a man of clear record. You largely agree the antecedents statement which tell me that you were 52 years of age, educated to Form 5. You are divorced with two sons. Prior to the defence you worked as a salesman driver earning about US$300 per month. You are not a drug addict and you are in relatively good health.

Further mitigation was entered by Mr Tracy on your behalf. He explained to me that you had lived your whole life in Santa Cruz in Bolivia, that you were a divorcee with two sons. Both your parents have passed away, your mother relatively recently. Your actual employment was that of a taxi driver, but you did some deliveries on the side. You earned approximately US$15 per day, which placed you just above subsistence level, that by any standards your life is one of relative poverty.

Leading up to this matter, your mother who died recently died from stomach cancer. You found yourself unable to afford the medical expenses and borrowed from money lenders, the two gentlemen named by Mr Tracy, US$1,250. You were unable to repay this money. The interest rate was rather high at 25 per cent, and you found yourself under enormous pressure to repay.

Eventually, a deal was struck whereby the debt would be written off if you were to act as their mule and bring the drugs to Hong Kong. Being under pressure, you agreed to do this.

Referring to the events in Hong Kong, Mr Tracy makes a very fair point that you remained silent on initial arrest because there was no Spanish Interpreter present. However, you were very cooperative and did agree to a controlled delivery. That was ineffective possibly because the person to receive it became suspicious you having taken so long to come through Customs. The amount of drugs is approximately 600 grammes.

Thereafter, Mr Tracy referred me to various sentencing authorities dealing with that, and also with the enhancement because of the international aspect of this offence.

I turn now to sentence.

I accept all that has been said on your behalf. I accept that you are truly remorseful. This was evidenced by the fact that you were extremely cooperative with the Customs officers on stop and arrest. First of all, you agreed to assist by a controlled delivery. This is extremely laudable and I am going to give you credit for that and assume that you were telling the truth and the reason that it was aborted was that it was no fault of yours.

Apart from that cooperation, once you were formally interviewed in the presence of a Spanish Interpreter, you were entirely straightforward and honest about your part. I also accept that the delivery of the passport that Mr Tracy refers to does establish that this was the first time that you travelled and you were not, therefore, an international drugs mule. I also accept that it was poverty that drove you to this and the sickness of your mother and trying to meet the debt.

In all the circumstances, I do believe that a slightly lower starting point is warranted. I therefore take a starting point of 19 years. Because of the international aspect, this will be enhanced by one year to a starting point of 20 years. Giving you a full credit for your plea of guilty at the earliest possible opportunity that will be reduced by one‑third.

You will therefore be sentenced to 13 years and 4 months’ imprisonment, which is 160 months.