HKSAR v. ARRUA WALTER RAMON

HCCC358/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 358 OF 2009

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

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COURT: This accused pleaded guilty at committal on 13 October 2009 to one charge of trafficking in dangerous drugs. The dangerous drug was 3.49 kilograms of powder containing 2.5 kilograms of cocaine. Today before me the accused confirmed his plea and confirmed also the facts that he admitted at committal.

  The accused, who is a Paraguayan National, arrived in Hong Kong on a flight from Chile via Paris, intending to transfer to Macau by ferry. An ion scan on his checked suitcase was positive for cocaine and he was stopped in the passenger terminal building. The accused, on instructions from the Immigration Officer, opened the case with a key from his briefcase. The contents were removed, the bag was x‑rayed and the officer used a screwdriver to open a compartment at the bottom of the suitcase; white powder was discovered inside. That powder tested positive for cocaine.

  The accused was arrested and cautioned but at that stage said nothing. Two black leather suitcases which had been in the checked suitcase were also examined and white powder was found in the layers at the two sides of the cases. That powder also tested positive for cocaine. The accused was cautioned again. Later examination by the Government Chemist revealed the quantities, as set out in the particulars of the charge. The estimated retail value is $2,676,830.

  In a later video interview, the accused said he had been asked by a man called Luis, in Paraguay, if he wanted to make some money by transporting something to Macau. Subsequently, he was given the luggage and written instructions. He was told the bags contained contraband and guessed that they were drugs, though he did not know what sort of drugs they were. He, himself, was to be paid $5,000 for a successful delivery. The accused accepted that he was trafficking in the drugs.

  The accused has no criminal record in Hong Kong, which, as he is not resident here is unsurprising, but a certificate has been put forward from Paraguay which indicates that he has no record there either.

  In mitigation, I was advised that the accused is 27 years of age. The only mitigation in this case, effectively, is his plea of guilty and I accept that that was a plea he had made at an early stage. He has filed a letter with the court expressing remorse and explained that he took on this task because he was not working and he was the sole breadwinner of his family. He did it out of economic need. That is not put forward as mitigation, but as an explanation of why he acted as he did; he said that he did not receive the money that he was supposed to receive for it and sought leniency from the court.

  I have considered the guideline cases, in particular the case of HKSAR and Abdallah [2009] 2 HKLRD 431 On the revised guidelines, 1200 to 4000 grammes of cocaine merits a sentence in the range of 23 to 26 years' imprisonment, that being the starting point. In this case there is also an enhancement because of the international element; the drugs were brought in from abroad and Hong Kong was being used as a staging post to get the drugs into Macau.

  I take a starting point for sentence of 24 years and enhance that by 2 years. I give a full discount for plea, of one‑third, and I impose a sentence of 17 years and 4 months' imprisonment.