HKSAR v. Olebunne Ndubuisi Ezekiel

HCCC 388/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 388 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 pleaded guilty to one count of trafficking, namely 995 grammes of a solid containing 378 grammes of cocaine.

The facts are all too common in these courts in that the defendant arrived in Hong Kong from Nigeria via Ethiopia and he was stopped and taken to hospital for examination, and subsequently he discharged a total of 50 pellets of drugs which contained the drug which is the subject matter of the count.

The estimated street value of the cocaine is in the region of HK$1,140,270.

The courts in Hong Kong are fighting a losing battle against this evil trade. No matter how high we imprison the offenders there are more coming in via our Hong Kong airport or across the border because of the lure of easy money and because of financial or economic poverty.

Almost every defendant who appears in this court who brings the drug into Hong Kong has a very tragic and sad story to tell. But whilst the court may have some certain sympathy with any individual defendant, the court must never lose sight of the fact that we have to give a deterrent sentence to deter, hopefully, others from committing the same crime.

As Mr Adams has correctly pointed out, the guidelines have been laid down by the Court of Appeal in 1990 in the case of Lau Tak Ming, that for trafficking in between 200 grammes to 400 grammes a sentence of 12 to 15 years’ imprisonment after trial is recommended. Really, the focus of a sentencing judge in assessing the starting point is really on the quantity of the drugs mainly.

There is, in this case, a total of 378 grammes of cocaine which would merit a starting point of between 14½ to 15 years’ imprisonment after trial.

I am also grateful to Mr Cheung for submitting the case of HKSAR v Chung Ping Kun CACC 85/2014 where the Court of Appeal had suggested that in relation to an enhancement of sentence, the level of enhancement should be about 6 months to a year for drugs between 250 and 500 grammes. So the enhancement in this case should be between 6 months to 9 months.

This is the first, I understand from Mr Adams, the defendant’s first visit to Hong Kong and so he has a clear record in Hong Kong. Mr Adams had said everything he could possibly say in mitigation on behalf of the defendant including the background as to the political atmosphere in the defendant’s country and the fact that the defendant had lost his shop and been shot in the left knee by this Islamic terrorist group called the Boko Haram.

It is of course tragic, but on the other hand, as I have said, I cannot lose sight of the fact that this is an evil trade and we are fighting a losing battle in Hong Kong.

So having considered all the facts in this case and the fact that the drugs were brought in from overseas and the defendant’s background, I would consider that a starting point of 14½ years is reasonable.

I enhance the sentence by 6 months for the international element, bringing the total to 15 years’ imprisonment and of course the defendant will get the full one-third off which means he will go to prison for 10 years.