|
HCCC 390/2015
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 390 OF 2015
-----------------
| |
HKSAR |
|
| |
v |
|
| |
MADUMERE Ekene Dilichukwu Moses |
|
| ------------------ |
| Date: |
17 December 2015 at 11.35 am |
| Present: |
Mr Lenny Cheng, SPP(Ag) of the Department of Justice, for HKSAR |
| |
Mr Benjamin S W Chain, instructed by Simon C W Yung & Co, for the accused |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
---------------------------------
Transcript of the Audio Recording
of the Sentence in the above Case
---------------------------------
COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, namely 1.08 kilogrammes of a solid containing 474 grammes of cocaine. According to the facts which, as I have said in the previous case I dealt with earlier today, is all too common in Hong Kong, the defendant arrived in Hong Kong from Ethiopia and was stopped at the airport. Whilst he was in hospital, the defendant excreted a total of 62 packets subsequently found to contain the drugs which are the subject matter of the count.
The estimated street value of the dangerous drugs seized was HK$1,152,360.
Now as Mr Chain correctly pointed out, the guideline sentence is the sentencing guidelines laid down in the case of Lau Tak Ming for heroin, and the Court of Appeal had said that it is also suitable to be used for cocaine. The guideline sentence for trafficking between 400 to 600 grammes would carry a sentence of between 15 to 20 years’ imprisonment.
So, therefore, taking into account the background of this case, the facts in this case, I would think that a reasonable starting point would be in the region of 16½ to 17 years’ imprisonment.
The only mitigating factor in this case is the fact that the defendant had pleaded guilty in the Magistrates’ Court.
I will adopt a starting point of 16½ years, and taking into account the international element, I will enhance that by 9 months. After deducting one-third off for the plea by the defendant, the defendant is sentenced to 11 years and 6 months.
|