HKSAR v. Ifeanyichukwu Henry Onyeka

HCCC 365/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 365 OF 2015

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

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COURT: You have pleaded guilty before the magistrate on 4 September 2015 which plea was tendered again on 26 November 2015, so you stand convicted of one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. The drug in question was 251 grammes of cocaine.

The circumstances of the offending were read out in the statement of facts which you accepted but were that on 10 March 2015, you arrived in Hong Kong on board Ethiopian Airlines from Addis Ababa whereupon you were stopped by Customs and it was found that you had ingested 39 packets of a substance which included the 251 grammes of cocaine.

The estimated street value in Hong Kong at that time of those drugs was $769,307.

You also had upon you US$3,000 at the time of your arrest as well as a very small amount of Nigerian naira and Hong Kong dollars.

As Mr Hemmings sensibly accepted there is very little that the counsel could say on your behalf when faced with a charge of importation of dangerous drugs. But he does urge upon me the letter that you wrote which expresses your remorse and of course explains your family circumstances, and I have read that.

But for trafficking of 251 grammes of cocaine, in accordance with the guidelines said out in HKSAR v Lau Tak Ming [1990] HKLR 370, the guideline starting point after trial of between 200 to 400 grammes of cocaine is between 12 to 15 years. The appropriate starting point after trial is, therefore, 12 years and 6 months’ imprisonment.

There is also, however, the international element to be taken into account for this crime for which I will enhance the starting point by 6 months so that makes it 13 years.

I have obviously taken into account all I can by reason of your letter, but those factors cannot reduce the sentence I have already indicated as this is very serious crime for which a deterrent sentence is required, and only the most exceptional personal circumstances will reduce the sentence below the guideline.

So giving you a full one-third discount for your plea, you will go to prison for a period of 8 years and 8 months.