HKSAR v. BRUCIS KRISTAPS

HCCC 372/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 372 OF 2016

-----------------

------------------

---------------------------------

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

---------------------------------

COURT: Mr Brucis, you have been found guilty after trial of trafficking in 1,960 grammes of cocaine, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134.

You smuggled those drugs into Hong Kong within packets of biscuits and toffees. Your story is that you were approached by a black man in the airport at Dubai and bought the cookies to eat on the aeroplane was not believed by five members of the jury. This was a venture that was doomed from the outset. As Mr Haynes has said, it was foolish and naive of you to think you could get away with importing dangerous drugs into Hong Kong. I can only say, Mr Brucis, that you were extremely lucky that you were not importing them into Malaysia or Singapore. It is nevertheless a very serious offence in this country and the harm that cocaine does to those who are stupid enough to take it, is as significant as the harm that is done to their families and loved ones. It is an evil that must be wiped out, and it is an evil trade in which you willingly participated. For that, Mr Brucis, you are going to pay with a significant proportion of your adult life.

For the importation of 1,960 grammes of cocaine, in accordance with the guidelines set out in HKSAR v Abdallah [2009] 3 HKLRD 437, the guideline’s starting point for trafficking after trial in between for 1,200 and 4,000 grammes is 23 to 26 years, and the appropriate starting point is therefore 23 years and 11 months’ imprisonment. There is also a significant aggravating feature because you brought these drugs into this country from abroad and for that international element to this offending, I am required to enhance your sentence by 2 years.

I have taken into account all that Mr Haynes has most ably urged upon your behalf. The fact that you have no previous record in Hong Kong; your youth; the fact that your child and his mother will not receive support for very many years, and that you will serving a significant sentence a long way from home and your greater family including your mother and father who no doubt are very anxious about your welfare. But these factors cannot reduce the sentence as I have already indicated as this is serious crime for which a deterrent sentence is required by law and only the most exceptional proven personal circumstances will reduce the sentence below the guideline.

I accept, as Mr Haynes has said, that there are many factors which could in the ordinary course of events be taken into account whilst considering the suitable sentence in individual cases, I am bound by the law.

Mr Brucis, you will go to prison for a period of 25 years and 11 months.