HKSAR v. Nwadiuto Samuel Joseph

HCCC 66/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 66 OF 2016

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

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COURT: You pleaded guilty to trafficking in dangerous drugs before the Eastern Magistracy on 29 January 2016 and I have confirmed that plea with you today.

The summary of facts to which you pleaded guilty has been read out to you and you have confirmed that summary of facts through your counsel. But, in essence, you were caught red-handed at Chek Lap Kok International Airport on 7 September 2015, having travelled to Hong Kong from Lagos via Doha and you were found to have ingested 59 packets weighing 958 grammes of which 454 grammes was found to be cocaine.

Although you initially denied being in possession of the dangerous drugs, you did eventually admit to bringing the drugs into Hong Kong in order to earn money for your family. The street value of the drugs you trafficked into Hong Kong would have been something in excess of HK$1 million.

You had in your possession at the time that you came into Hong Kong US$4,000 only and you say now that you were given that US$4,000 by friends.

You are 42 years of age and a Nigerian passport holder and you say you have a wife who is 20 years of age who works as a hawker occasionally and three children who are under 6. You have also said that you were a business man in Lagos, earning US$300 per month, but that you were in significant financial difficulty, and you say that this occurred because goods you had shipped to Lagos had been damaged and could not be sold on. You have no criminal convictions recorded against you in Hong Kong.

I have listened carefully to what Mr Donald has said on your behalf and I have read your letter which shows that you are aware of how serious this error of judgment on your part is. You said you tried to borrow from a friend and it was this friend who persuaded you to traffic in dangerous drugs. You now know that he was no friend because a friend would not put you and your family at so much risk. I understand that you did act out of interest for your family. But in a matter as serious as this, there is little mitigation that can be advanced which will affect sentence. This is a very serious matter and it causes a great deal of harm to many other families.

You and those like you who think they can solve their immediate financial problems by carrying dangerous drugs into Hong Kong have to be shown that crime is not the answer and that we do take a very-dim view of people who traffic in drugs.

For Trafficking in dangerous drugs, in 454 grammes of cocaine you fall to be considered under the guidelines set out in HKSAR v Lau Tak Ming [1990] 2 HKLR 370. For trafficking between 400 and 600 grammes of cocaine, the guideline sentence after trial is between 15 and 20 years’ imprisonment.

For trafficking in dangerous drugs in 454 grammes of cocaine, the starting point after a trial would have been 16 years and 3 months. There is also the international element that Mr Donald referred to which involved bringing those drugs into our country from Lagos. For this aggravating element, I enhance your sentence by 1 year which makes a total of 17 years and 3 months.

Unfortunately because there is no mitigation advanced which can reduce the sentence further. I will give you the one‑third discount you are entitled to for entering your plea as in early stage and that is to your credit.

You are thereby sentence to a term of imprisonment of 11 years and 6 months.