|
HCCC 364/2012
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 364 OF 2012
-----------------
| |
HKSAR |
|
| |
v. |
|
| |
BATERO FUENTES John Henry |
|
-----------------
| Before: |
Hon Andrew Chan J |
| Date: |
4 June 2013 at 10.53 am |
| Present: |
Mr Franco Kuan, SPP, of the Department of Justice, for HKSAR |
| |
Mr James F D Collins, instructed by Cheung, Chan & Chung, assigned by the Director of Legal Aid, for the accused |
| Offence: |
Trafficking in a dangerous drug(販運危險藥物) |
---------------------------------
Transcript of the Audio Recording
of the Sentence in the above Case
---------------------------------
COURT: The defendant pleaded guilty to one count of trafficking in a dangerous drug.
On the material date the defendant was intercepted by Customs and Excise officers at the Arrival Hall, Hong Kong International Airport.
Suspecting that drugs had been concealed inside his body, the defendant was sent to Queen Elizabeth Hospital for a body check. 42 pellets containing 0.52 kilogramme of cocaine were discharged. The street value was estimated to be approximately HK$1.4 million.
The defendant is 46 and is a merchant selling fast food. He also enjoys a clear record in Hong Kong. He committed the present offence due to financial pressure from home.
Guidelines on sentencing are clear. The starting point for trafficking in excess of 500 grammes of cocaine is one of 17½ years’ imprisonment. In this case drugs were transported across countries and continents from Columbia through Doha to Hong Kong. As such, the starting point is adjusted upward to one of 18 years to reflect the international element.
The defendant of course will be entitled to the one-third usual discount for his plea. He is therefore sentenced to 12 years’ imprisonment.
|