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HCCC 444/2013
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 444 OF 2013
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HKSAR |
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PEREZ-OSORIO Luis Fernando |
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| Date: |
18 February 2015 at 3.32 pm |
| Present: |
Mr John Marray, on fiat, for HKSAR |
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Mr Andrew Humphrey Bullett, instructed by Peter K H Wong & Co, for the accused |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The jury, by its verdict, has found you guilty of trafficking in cocaine as alleged by the prosecution. The case proven against you is that you were part of an international drug syndicate operating out of Columbia, and as part of an extensive and elaborate scheme, the drugs were brought into Hong Kong, which you were to collect from the courier, an El Salvadorian who had been recruited to transport the drugs here via Amsterdam.
The evidence at trial is that you entered Hong Kong illegally in February 2013 under a false passport in another name prior to the drugs being brought here by the courier, which were to be picked up on 18 April 2013.
You clearly played a significant role in the collection of the drugs here in Hong Kong and as has been presented in the course of trial, there was frequent telephonic contact between you and the person known as ‘Natasha’ and the arrangements being made for the collection of the suitcase containing the drugs.
You also had on you a significant amount of money, over $17,000, and as had been suggested by the prosecution, that was for the purpose of paying the courier for the delivery of the drugs. That was suggested by the prosecution but I will just treat the fact that you had a large sum of money and not necessarily for that purpose, but it would indicate, given the circumstances in which you were in and the basis on which you were in Hong Kong, that this was all part of your involvement in bringing the drugs into Hong Kong and part of your involvement in a syndicate, where others were involved as presented by the prosecution in the course of the trial.
The quantity of cocaine was 0.81 of a kilogramme and according to the relevant tariff cases, the appropriate starting point after trial is 21 years’ imprisonment. There is an international element to this case that warrants, according to the relevant sentencing principles, an enhancement on the starting point and I will add 1 year, based on the submissions that have been made on your behalf by Mr Bullett, and keep it at that duration.
Accordingly, the starting point of the sentence to be imposed on you is 22 years’ imprisonment and that will be the sentence that I pass on you as a result of your conviction by a unanimous verdict of the jury for trafficking in dangerous drugs in the quantity of cocaine as specified in the charge.
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