HKSAR v. CONDE ABOUBACAR

DCCC497/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 497 OF 2010

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Reasons for Sentence

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1.  Defendant, you have been found guilty after trial of trafficking in dangerous drugs being 734.95 grammes of a mixture containing 20.55 grammes of monoacetylmorphine. These drugs were contained in 53 pellets which had been ingested by yourself prior to your arrival in Hong Kong from Bangkok on 11 February 2010. You later between 12 and 15 February at the Custodial Ward of Queen Elizabeth Hospital discharged all 53 pellets.

2.  You are 37 years of age according to the antecedent report which was read out in court this morning and have not been to Hong Kong before.  Virtually no mitigation has been put before me on your behalf, indeed very little can be said on your behalf.  You came here for the specific purposes of trafficking in these drugs, you are quite clearly a drug mule who was acting for a reward.  There is no direct evidence that the US$4,000 found on you at the time of your interception was your reward but I found in my reasons for verdict that they are probative of the fact that you were acting for a reward and I have rejected your story that you went to Thailand in order to purchase mobile phones.  There is, in my view, a direct connection between the money found in your possession and the offence for which you stand convicted.

3.  The sentencing guidelines for trafficking in between 10 and 50 grammes of the narcotic that you possessed is a sentence of imprisonment of between 5 to 8 years after trial.  You are sentenced to a term of 6 years’ imprisonment.

4.  There is an application for the exhibits to be confiscated and dealt with in terms of the application that was made before me this morning.  I make an order in terms of that application which includes an order for the confiscation of Exhibit P2 which is the US$4,000 for the reasons that I have already given.