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HCCC 138/2018
[2018] HKCFI 2115
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 138 OF 2018
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HKSAR |
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DE SOUSA Decio Jose |
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| Before: |
Hon Andrew Chan J |
| Date: |
29 August 2018 at 10.03 am |
| Present: |
Ms Chan Sze-yan, SPP of the Department of Justice, for HKSAR |
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Mr Richard David Donald, instructed by Jal N Karbhari &
Co, 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:
Mr De Sousa, the defendant, has pleaded guilty to one count of trafficking in dangerous drug in the Magistrate Court. Right, he is committed to this court for sentence.
On 13 July 2017, the defendant arrived in Hong Kong from Brazil via South Africa. Suspecting that dangerous drug were concealed inside his body, the defendant was sent to hospital for further examination. Subsequently, a total of 108 packets containing 867 grammes of cocaine were excreted from his body.
Under caution, the defendant admitted that he was promised US$5,000 upon successful delivering the cocaine into Hong Kong. He, however, only received US$1,000 so far.
The retail value of the cocaine is estimated to be slightly over HK$1 million.
The defendant is now 49. Before his arrest, he was a labourer in Brazil and he has two children and a sick mother to look after and his reason for carrying the drugs is one of financial reason.
Guidelines on sentencing are clear. The starting point for trafficking in 867 grammes of cocaine is one of 21 years. In this case, there is also the international element. The starting point is therefore adjusted upwards to one of 22 years.
Upon interception by the customs at the airport, the defendant agreed to cooperate with the authority in participating in a controlled delivery operation. His willingness to take part was declined by the customs citing safety concern. In addition, this court is informed that the defendant and his family, with the help of the Roman Catholic Church, have been holding awareness programme or campaign back in Brazil to raise the awareness of Brazilian people of the serious consequence in taking drugs into Hong Kong. Given the two matters that I have just mentioned, I come to the view that the discount accorded to the defendant for his plea and his co-operation, etc, can therefore be adjusted, can be increased instead of the usual 33 per cent to one of 40 per cent.
In conclusion, the defendant is sentenced to 13 years and 2 months’ imprisonment. 13 years and 2 months.
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