The defendant went with another person, Tsang, to Sao Paulo, Brazil, to bring drugs back to Hong Kong. Tsang was stopped by Customs Officers at first and drugs were found in his two suitcases.
About half an hour later, the defendant was stopped Nothing suspicious was found in his luggage but four keys which could open Tsang’s two suitcases were found on him. He admitted to be travelling companion to Tsang and they were arranged to go to Brazil to bring drugs back to Hong Kong. He claimed that he and Tsang were each paid US$3,000 for basic necessities and hotel accommodation and he was paid an extra of $10,000 as a reward for introducing Tsang to carry this out.
The drugs, on later analysis, were found to consist of 18.95 kilogrammes of a solid containing 13.73 kilogrammes of cocaine with an estimated street value of near to HK$17 million.
The defendant is now aged 48, has nine previous convictions, all related to gambling. By way of mitigation, I am told that he was divorced, he has three children. He used to be a hairdresser prior to this incident and has to contribute HK$3,000 to his ex-wife monthly. He also has to give his aged parents pocket-money occasionally.
Counsel urges me to take into account his co-operation with the authorities in agreeing to take part in a controlled buy operation, although to no avail, and that whilst he could be, at highest, said to be a go-between, he was not the mastermind to these trafficking activities, and that he has pleaded guilty once he has fully comprehended the evidence against him.
In sentencing the defendant, I have taken into account the nature of the offence, the quantity of the drugs involved and the sentencing authorities and tariffs, as well as mitigation forwarded.
Here, we are concerned with a very large amount of drugs. According to the case of Anwar, CACC 304/2008, the amount of drugs involved in this case is under the 4 kilogramme to 15 kilogramme bracket which attracts a starting point of 26 to 30 years. The 13.73 kilogrammes of cocaine brings us closer to the top end of the bracket. Further, this case involves an international element and according to Anwar’s case, an enhancement of not less than 2 years is expected where the narcotics weigh above 1 kilogramme.
Given the high starting point in this case, I am not in favour of a straitjacket mathematical approach. Taking all factors into account, I am of the view that a starting point of 30 years is appropriate in the circumstances of the present case.
The fact the defendant agreed to take part in what turned out to be an unsuccessful controlled delivery subsumes into the one-third discount that he is entitled to with his guilty plea.
He is sentenced to 20 years’ imprisonment.