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HCCC 206/2017
[2018] HKCFI 774
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 206 OF 2017
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HKSAR |
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AGOSSA Bertrand Liha |
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| Date: |
19 March 2018 at 11.57 am |
| Present: |
Mr John Patrick McNamara, on fiat, for HKSAR |
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The accused appeared in person |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT:
Yes, the defendant has been convicted after trial of one count of unlawful trafficking in a dangerous drug. The drugs involved, namely 908 grammes of a solid containing 500 grammes of cocaine. He was seen by custom officers to have acted suspiciously, and when they tried to intercept him, he threw away the packet of drugs on the ground. It was only after a chase that he was finally subdued, and the drugs were recovered.
Trafficking in 400 to 600 grammes of cocaine attracts a starting point of 15 to 20 years’ imprisonment.
In fact, two days before he committed the present offence, he had received a suspended sentence in relation to a breach of condition of stay. The sentence for that was 2 weeks’ imprisonment suspended for 3 years. He was a Form 8 holder awaiting deportation.
Considering the present circumstances and the offence, I adopt a starting point of 17 and a half years’ imprisonment. With the aggravating feature that he was a Form 8 holder who was permitted to remain at liberty before his deportation at the hospitality of Hong Kong, he had committed a serious crime. I enhance that by 18 months to 19 years’ imprisonment. Having done so I do not see fit to do anything about the suspended sentence. So 19 years is the sentence that I pass.
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