HKSAR v. NWAGU TOCHUKWU CHIAZAM

HCCC 71/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 71 OF 2016

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

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COURT: Mr Nwagu, you pleaded guilty today to one count of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, and the Summary of Facts to which you pleaded guilty has been read out to you and you have confirmed that Summary of Facts. You have been formally convicted upon your plea.

In essence, you were caught red-handed at Chek Lap Kok International Airport on 25 July 2015, having travelled to Hong Kong from Lagos via Addis Ababa and you were found to have ingested 35 pellets weighing 588 grammes, of which 272 grammes were found to be cocaine. At the time of your arrest, you had in your possession two mobile phones, US$500 and Nigerian naira 45,000.

Although you initially remained silent under caution, as is your right, you did eventually admit to bringing the drugs into Hong Kong in return for the cancellation of a debt of 1,745,000 naira so long as you trafficked drugs into Hong Kong on three occasions, as was explained, because you could not ingest sufficient in one journey. This journey, you say, was your first. In addition, you said you had paid for your own plane ticket and you intended to do some business here for your computer and electronics business.

Mr Nwagu, the street value of the drugs that you trafficked into Hong Kong was $685,020.

You are just 30 years of age and a Nigerian passport holder. You have a clear record here in Hong Kong. In interview, you said that you were operating your computer business which gave you an income in the range of HK$4,000 to HK$4,500 per month and you say you are an only child, that your father is dead and that your mother and grandmother are dependant upon you.

I have listened carefully to everything that Mr Marray has said on your behalf, including the fact that you wished to stress to the court that you have no involvement in any drug-trafficking syndicate. Sadly, Mr Nwagu, this is usually the case with people in your position because those who operate drug rings know the risks are high of being caught and therefore look for people like you to traffic drugs for them. This is a serious matter and people who carry drugs for some form of reward must be deterred from bringing drugs into Hong Kong and because of that, there is little mitigation which can be advanced which will affect the sentence that I must pass.

This is a serious offence and it causes great harm to many people. You and those like you who think they can solve their own problems by carrying dangerous drugs into our country must be shown that you exacerbate the problems of others by doing so and we take a very dim view of those who traffic in drugs.

For trafficking in 272 grammes of cocaine, you fall to be considered under the guidelines set out in HKSAR v Lau Tak Ming [1990] 2 HKLR 370. In that case, for trafficking in between 200 and 400 grammes of cocaine, the guideline sentence after trial is between 12 and 15 years’ imprisonment.

So for trafficking in 272 grammes of cocaine, the starting point after trial is 13 years.

But there is also an aggravating factor and that is the international element of your crime which involved bringing these drugs into our country from Nigeria. For this aggravating element, I enhance your sentence by 6 months, which makes a total of 13 years and 6 months as a starting point.

There has been no mitigation advanced which can reduce that sentence further and so I will give you one-third discount which you are entitled to for entering for plea.

You are thereby sentenced to a term of imprisonment of 9 years.