HKSAR v. Stapelberg Nico

Read the full judgment text of HCCC 48/2016 on BabelCite. This High Court CFI judgment was delivered on 23 March 2016.

Cited by 1 case

Case No.HCCC 48/2016
Court
High Court CFI
Date23 Mar 2016
Judge
Case Document
100%Judiciary

HCCC 48/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 48 OF 2016

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  HKSAR  
  v  
  STAPELBERG Nico  

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Before: DHCJ V Bokhary
Date: 23 March 2016 at 9.47 am
Present: Ms Rosaline Leung, SPP of the Department of Justice, for HKSAR
Mr Laurence J Poots, instructed by Massie & Clement, assigned by DLA, for the accused
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: The accused, I have taken into account everything urged by your counsel on your behalf. You stand convicted of one charge of trafficking in a dangerous drug. You have pleaded guilty at the Magistrates’ Court and you have been committed to this court for sentence today.

The quantity of drugs involved is 1,483 grammes of a powder and solid containing 1,078 grammes of cocaine.

These drugs were imported into Hong Kong, therefore it calls for enhancement. All things considered, I adopt a starting point of 22 years’ imprisonment, enhance it by 2 years, making a total of 24 years’ imprisonment.

I have taken into account everything that has been urged on your behalf, including your plea of guilty, your cooperation with the Customs right from the start, and also the fact that you had participated in a controlled delivery operation and also the fact that you have assisted Father John in his campaign to warn the people in South Africa about the danger of people recruiting mules in South Africa.

All things considered, I am prepared to give you more than the usual one-third discount and I shall discount your sentence from that starting point of 24 years and discount it to a lesser sentence of 14 years and 3 months’ imprisonment.

So for your offence, you are sentenced to 14 years and 3 months’ imprisonment.

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