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HCCC 2/2015
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 2 OF 2015
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| Before: |
DHCJ Campbell-Moffat, SC |
| Date: |
20 November 2015 at 12.25 pm |
| Present: |
Mr Laurence J Poots, on fiat, for HKSAR |
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Mr William Allan, instructed by Kent Tam & 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: Mr Yau, you have been found guilty after trial of trafficking in 1.07 kilogrammes of cocaine. By their verdict, the jury clearly found that you were involved in the receipt and onward supply of dangerous drugs to an unknown recipient. Those drugs have been sent via UPS from San Paulo, Brazil, and were professionally hidden within the packaging of a parcel containing football jerseys.
The WhatsApp photo on your mobile phone, 94517997, clearly indicated that you had some advance notice of this shipment as you had sent a photo of the same name and address to be used on the parcel which is the subject of these proceedings. That WhatsApp photo pre-dated the sending of the parcel to the same name and address just two days later.
Whilst there is no connection between you and any person in Brazil, there was obviously telecommunication between your phone and the phone number upon the parcel, 62027997 belonging to Miss Liu, and to 64044444 belonging to the man you sent the WhatsApp photos to. There was also telecommunication before 18 August between your telephone and the person whom you purported to be contacting for a controlled delivery on 18 August.
There is therefore some scepticism in the court as to whether you were in fact assisting the Customs and Excise on that day or seeking to protect your own interest given that you had been arrested. But Mr Allan has urged upon me the latter point of view, and I shall give you the benefit of the doubt.
I have listened to everything which Mr Allan has urged upon the court. But the personal mitigation advanced on your behalf and the fact that others who may be more culpable than you have not been apprehended, cannot affect the sentence which I am bound to pass, for it is a well-known principle of sentencing that for trafficking in dangerous drugs only exceptional personal circumstances will affect sentence.
The guideline case for trafficking in between 600 and 1200 grammes of cocaine is HKSAR v Abdallah [2009] 2 HKLRD 437, and the range of sentencing is between 20 and 23 years.
For 1.07 kilogrammes of cocaine, therefore, the starting point after trial is 22 years. You were part of a group of people seeking to import into Hong Kong a seriously dangerous drug which would cause significant harm to those to whom it was sold and to society at large.
Accordingly, the sentence which I am required to pass upon you does have a substantial deterrent element.
I believe I should also consider the international element, although it was not you who personally brought the drugs into Hong Kong. But you were clearly involved in arranging to do so and I gave you the opportunity to address me on that through Mr Allan.
I will recognise the fact that you did not personally bring those drugs into Hong Kong, but I wish to mark the court’s attitude to the involvement of any Hong Kong citizen in the importation of drugs in this way and, therefore, the sentence I pass upon you will include an enhancement of one year for the international aspect of this organised and well-planned offending.
Mr Yau, you will go to prison for 23 years.
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