HKSAR v. Onuoha Ferdinand Chetam

HCCC 282/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 282 OF 2015

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

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COURT: The defendant has been convicted on his own plea of one charge of trafficking in a dangerous drug. The guilty plea was entered at the Eastern Magistrates’ Court on 10 July 2015.

The Particulars of Offence provide that on 24 December 2014, at the Hong Kong International Airport, Chep Lap Kok, Lantau Island in Hong Kong, the defendant unlawfully trafficked in a dangerous drug, namely 1,190 grammes of a solid containing 529 grammes of cocaine.

The Summary of Facts, which has been admitted by the defendant, provides that on 24 December 2014, the defendant arrived at the Hong Kong International Airport on a flight from Cotonou, Benin via Addis Ababa of Ethiopia. He was selected for Customs Clearance at the Green Channel of the Arrival Hall.

A Customs officer later escorted him to the North Lantau Hospital for a medical examination. At about 1650 hours, after x-ray scanning, a medical officer confirmed the presence of foreign objects inside the defendant’s body. He was arrested and cautioned. In reply, the defendant admitted that he had drug inside his body but did not know what kind of drug it was, and he had swallowed altogether 60 pellets of drug, awaiting instructions.

At the Queen Elizabeth Hospital, the defendant discharged a total of 60 pellets of drug over a three-day period. The seized drug pellets were examined by a Government Chemist and were confirmed to be 1.19 kilogrammes of a solid containing 529 grammes of cocaine, with a street value of HK$1,138,830.

The defendant was later interviewed under caution. In his record of interview, the defendant, inter alia, stated:

(1) He had swallowed 60 pellets of dangerous drug of an unknown nature.

(2) He met a male called “Frank” in a market in Cotonou, Benin where he bought spare parts. Frank told him that the spare parts were cheaper in Hong Kong and offered him US$4,000 and a free ticket to bring dangerous drug to Hong Kong. He accepted the offer and swallowed the dangerous drug in a hotel.

(3) After he arrived in Hong Kong, he was told that Frank would call him and instruct him what to do in Hong Kong. He only knew he had to discharge the dangerous drug and await Frank’s call. He did not have Frank’s contact number and he had not yet received the reward.

By way of personal background, the defendant is 47 years of age. He was born in Nigeria in February 1968. The defendant is married with no children. Prior to his arrest, he was living with his wife in Nigeria. His father, a diabetic, is 90 years of age, and his mother passed away when the defendant was in custody in Hong Kong.

The defendant claimed that he has received education up to High School level in Nigeria. He had worked as a sales representative selling motorcycle tyres and parts. The defendant has a clear record.

In mitigation, Mr John Haynes submitted on the defendant’s behalf that he has pleaded guilty and admitted his liability for the offence at the earliest stage in the Magistrates’ Court. Mr Haynes went on to outline in some detail the background of the defendant and the reason for his committing the present offence, including the fact that he owed loan sharks in Nigeria some US$30,000 for having had to pay for his own wedding and a funeral of his father-in-law.

However, as has been pointed out by the courts on many previous occasions, personal and familycircumstances of the defendant offer very little mitigation in a serious case of drug trafficking, such as the one before the court today.

The defendanthas pleaded guilty to one charge of trafficking in a dangerous drug. The drug involved is 1,190 grammes of a solid containing 529 grammes of cocaine.

Sentencing for trafficking in cocaine is aligned to the guidelines for trafficking in heroin contained in R v Lau Tak Ming [1990] 2 HKLR 370.

In the present case, the narcotic involved is 529 grammes of cocaine. According to the Lau Tak Ming case, for trafficking inbetween 400 grammes and 600 grammes of heroin, the proper sentence to be imposed after trial should be 15 to 20 years’ imprisonment.

In my view, following the guidelines in the Lau Tak Ming case and based on the quantity of the narcotic involved, the proper initial starting point for sentence should be 18 years and 2 months’ imprisonment.

This initial starting point should be enhanced by one year for the international element in the present case [see:HKSAR v Chung Ping Kun [2014] 6 HKC 106, paragraph 9]. This would take the starting point up to 19 years and 2 months’ imprisonment.

I shall give the defendant the full one-third discount for his guilty plea, which was entered in the Magistrates’ Court on the first opportunity.

Defendant, please stand up.

The defendant is accordingly sentenced to 12 years and 9 months’ imprisonment.