HKSAR v. CARDONA JARAMILLO GABRIEL

HCCC 514/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 514 OF 2014

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: The accused, I have taken into account everything put forward on your behalf.

There are sentencing guidelines in respect of the trafficking in dangerous drugs like this. These guidelines include enhancement of the sentence where the offence involves the dangerous drugs being brought into Hong Kong from elsewhere, which is what happened in the present case. Such enhancement applies whether the offender is or is not a Hong Kong resident. Enhancement is directed to conduct, not to nationality, residents or anything of that kind.

It is my duty to apply the relevant guidelines which, as I have said, includes enhancement.

You have a previous good character, but that is of little or no relevance to sentencing cases of this kind. In Hong Kong you will be serving your sentence far from home and among people who speak languages which you do not know. That does not entitle you to any substantial discount, but I will bear it in mind for your benefit in sentencing you within the guidelines.

The guidelines are not to be departed from, but how they are applied does leave some room - although not much room - for regard for individual circumstances.

You will turn 70 years in November this year. The implications or possible implications for a person of your age serving a very long term of imprisonment are obvious. Even so, a very long term of imprisonment in a case like this one is unavoidable.

The courts cannot pass sentences which will make it easier for drug traffickers to recruit people of any particular age group whether the group is defined by age, youth, gender, disability, poverty or anything of that kind. However, I will not wholly ignore your age. I will bear it in mind for your benefit in sentencing you within the guidelines.

What I have been saying comes to this. I will sentence you as leniently as I can consistently with my duty, but that cannot and will not avoid a very long term of imprisonment.

All things considered, applying the guidelines including enhancement, with all the things which are capable of being taken into account for your benefit being taken fully into account, I sentence you like this: I adopt a pre‑enhancement term of 22 years and enhance it by 2 years to arrive at a term of 24 years. Since all the mitigation available to you has already been taken into account in arriving at the term of 24 years, I sentence you to 24 years’ imprisonment.

You will therefore go to prison for 24 years.