HKSAR v. NOGALSKI MARIUSZ

HCCC 110/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 110 OF 2017

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

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COURT: The defendant has pleaded guilty in the Magistrates Court to count of trafficking in a dangerous drug, namely 2,966 grammes of a powder containing 2,155 grammes of cocaine. He has been committed to this court for sentence.

On 28 May last year, the defendant arrived from Milan via Dubai and was intercepted at Hong Kong International Airport. Customs officers found that the luggage carried by the defendant was unusually heavy and upon a search, found that the drugs the subject matter of the charge, were hidden in two concealed compartments. A quick drug test revealed that the content was cocaine and thus the defendant was arrested and cautioned.

The estimated value of the dangerous drugs seized was about HK$3,146,926.

The defendant also had in his possession a Polish passport and a Hong Kong Immigration Landing Form in which he stated his nationality was Russian and an itinerary which revealed that his return trip from Hong Kong would be on 10 June and he was booked to stay two nights at the Emperor Hotel in Happy Valley. Also in the defendant’s possession was a Polish passport in his name. Subsequently, in a video-recorded interview, the defendant disclosed that he had been approached and offered this trafficking in dangerous drugs in return for a reward.

The defendant is aged 38 and has a clear record in Hong Kong. I am also informed by Ms Chan that he also has a clear record in Poland and that it was due to job difficulties and debt that he was tempted to make quick money by participating in this trafficking. He is now very remorseful and he does realise that he has to go to prison for this.

Whilst the court has sympathy with many overseas visitors, particularly from those less economically advanced nations, and the temptation of making quick money, Hong Kong has to be severe in facing down these people who voluntarily, for money, offer to carry drugs for the evil masterminds behind this trade. So the Court of Appeal has laid down guidelines for trafficking in cocaine, in the case of Abdallah in 2009, that for trafficking in between 1,200 to 4,000 grammes of cocaine would merit a sentence of 23 to 26 years’ imprisonment after trial.

In this case, the defendant was in possession of 2,155 grammes and I consider that an appropriate starting point would be one of 24 years.

Added to that is the aggravating factor of importing the drugs into Hong Kong and as was mentioned in the case of Abdallah and subsequently followed in the case of HKSAR v Chung Ping Kun where the Court of Appeal also laid down the enhancement of sentences for those particularly found trafficking in up to 1,000 grammes.

But it is very clear from Abdallah that the Court of Appeal was of the view that the enhancement should not be less than 2 years’ imprisonment for this amount of drugs and so, added to the starting point of 24 years, will give us a starting point of 26 years.

As Ms Chan correctly pointed out, he is entitled to one-third off as he pleaded at the earliest opportunity.

So the defendant is sent to prison for 17 years and 4 months.