HKSAR v. CALINA DANUT

HCCC 389/2018

[2019] HKCFI 1419

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 389 OF 2018

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

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COURT:

The defendant has pleaded guilty to one count of trafficking in dangerous drugs at the Magistrates’ Court. He is committed to this court for sentence.

At 15.45 on 29 May 2018, the defendant was intercepted by Customs officers at the Hong Kong International Airport for customs clearance. 2.8 kilogrammes of methamphetamine was found from a secret compartment inside his suitcase.

Under caution, the defendant said nothing but agreed to take part in a controlled delivery. The defendant further told the Customs officers that he was promised US$5,000, had the delivery become successful.

Despite the defendant’s assistance, the controlled delivery yielded nothing fruitful. The defendant now admits that he had full knowledge of the drugs being concealed inside the suitcase.

The street value of the drug was estimated to be around HK$1.89 million.

The defendant is 51, a Romanian national. He claimed to be a construction worker making US$1,500 per month prior to his arrest. Because of financial difficulty, he agreed to participate in this delivery.

Guidelines on sentencing are clear. The starting point for trafficking in 2.8 kilogrammes of methamphetamine is, in my view, one of 24 years’ imprisonment. An extra 1 year will be added to reflect the international element.

Given the defendant’s plea and his willingness in participating in the controlled delivery, a discount of 40 per cent will be given.

For the offence the defendant stands convicted, he is therefore sentenced to 15 years’ imprisonment.