HKSAR v. Chukwudebelu Ejike Remigus

HCCC 472/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 472 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 was charged with one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. He pleaded guilty before a magistrate and was committed to the Court of First Instance of the High Court for sentence.

The facts of the case are very simple. The defendant is a Nigerian. He was detained at the Hong Kong International Airport on 26 July 2015 after his arrival on a flight from Dubai. Although nothing was found on the defendant’s person or his luggage, he was sent to the North Lantau Hospital as internal concealment was suspected. At the hospital, examination confirmed the presence of foreign objects in the defendant’s body cavity and he was transferred to the Queen Elizabeth Hospital where he discharged a total of 43 packets containing 763 grammes of a solid containing 339 grammes of cocaine.

The estimated retail value of the cocaine at the time of seizure was HK$888,895.

The defendant is a 33-year-old Nigerian, born in Nigeria. He has an 88-year-old father and a 70-year-old mother and he was living with them while in Nigeria. He had a clear record here in Hong Kong. He had received education up to secondary level and was a businessman dealing in fashion and mobile phones trading in Nigeria.

Mr McGowan, mitigating on behalf of the defendant, informed me that the defendant is one of five children and the sole supporter of his aged parents. The defendant had come to Hong Kong on four previous occasions to buy new mobile phones for resale in Nigeria. He and a partner used to run three shops in Nigeria: one in Lagos, one in the southern part of Nigeria and one in Kano, that is in the northern part of Nigeria. The shop in Kano was destroyed when a bomb went off at the market where the shop was located and the defendant suffered great financial loss.

He stupidly agreed to traffic dangerous drugs in order to make some US 2,000 to 3,000 thousand dollars which would have covered one-quarter of the loss of stock. Instead, he was caught and he received nothing.

The defendant is remorseful and he pleaded guilty at the earliest opportunity. He also tendered his apology to the people in Hong Kong. Mr McGowan asked me to adopt the lowest possible starting point and the least period of enhancement for the international element when sentencing the defendant.

Trafficking in a dangerous drug is a serious offence. On conviction on indictment, a person is liable to a fine of HK$5 million and to imprisonment for life. The total quantity involved here is 339 grammes which fell into the category of 200 to 400 grammes with a starting point of 12 to 15 years: see the case of Pedro Nel Rojas adopting the guidelines in Lau Tak Ming.

In the case of Abdallah, the Court of Appeal held that if there is an international element in the trafficking, there should be an enhancement of at least 2 years for drugs over 1,000 grammes. For drugs below 1,000 grammes, the extent of enhancement is at the discretion of the sentencing judge. In a later case, Chung Ping Kun, the Court of Appeal suggested the following broad guidelines of enhancement: up to 250 grammes, 6 months; between 250 to 500 grammes, 6 months to 1 year; between 500 and 1,000 grammes, 1 year to 2 years.

When I consider the appropriate starting point, apart from the circumstances of the offence, I also take into account the defendant’s previous clear record. I am of the view that the proper starting point for trafficking the 339 grammes of cocaine is 14 years.

As to the aggravation in the form of an international element, I am of the view that an enhancement of 6 months would be appropriate. The appropriate sentence after trial is therefore one of 14½ years.

The defendant had pleaded guilty at the earliest available opportunity and is therefore entitled to the full one-third discount. There are no other grounds to further reduce his sentence.

For the offence of trafficking in a dangerous drug, the defendant is therefore sentenced to a term of imprisonment of 9 years and 8 months.