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HCCC389/2010
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 389 OF 2010
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HKSAR |
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v. |
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Hernan Dario Pineda Alvarez |
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Before: |
The Honourable Mrs Justice V Bokhary |
Date: |
4 March 2011 at 10.27 am |
Present: |
Mr Peter Power, SADPP, of the Department of Justice, for HKSAR
Mr Graham Harris, instructed by Messrs Hoosenally & Neo (assigned by DLA), 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: You have pleaded guilty to one charge of trafficking in a dangerous drug at the Magistrates’ Court and you have been committed to this court for sentence. The drugs involved are 865.75 grammes of a solid containing 469.07 grammes of cocaine.
The sentencing guideline for trafficking in 400 to 600 grammes of cocaine provides for a sentence from 15 to 20 years. These drugs have been imported into Hong Kong, so there is an aggravating factor in this case which calls for enhancement.
I have listened to and considered everything urged on your behalf, particularly but not only the things which I am about to mention specifically. You have pleaded guilty at the earliest opportunity. You have no previous conviction both here or in Colombia. You have been extremely co-operative with the police since your arrest. Further, you, not being a local person, will find being imprisoned here even harder than if you were a local person.
I take all these matters into account in your favour. I do not do that by first fixing a starting point and then giving you specific discounts for these matters. I do that by taking them into account in your favour when applying the appropriate starting point. When I apply the guidelines, I also take it into account in your favour that you are not what is sometimes called a ‘big fish’ in the drug trade. Even so, your offence is very serious. A long term of imprisonment is unavoidable because anything else would be inconsistent with the court’s duty.
All things considered, I adopt a starting point, including enhancement, of 16½ years’ imprisonment. I give you the full one-third discount for your guilty plea.
I sentence you to 11 years’ imprisonment.
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