HKSAR v. Osorio Rios Jose Delfin and Another

HCCC 459/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 459 OF 2015

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

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COURT: Mr Osorio and Mr Perla, you have both pleaded guilty to three counts each of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of Dangerous Drugs Ordinance, Cap 134. You Mr Osorio to trafficking in a total of 3.26 kilogrammes of cocaine; and you Mr Perla to trafficking in 10.7 kilogrammes of cocaine.

The summary of facts which you have agreed indicates that this was a professional organised crime in which you played your part in storing and distributing cocaine in bulk, no doubt for others to supply onto the ultimate customer.

The street value of the cocaine, which was recovered during this operation, was in excess HK$20 million which shows the level of organisation which must have been behind this scheme.

I accept on your behalves that there is no evidence to suggest that you were the main players in the organisation, although I do not regard your roles as on a par with drug mules who ordinary appear in this court. In any event, the sentence that you must receive is a severe one and I do not seek to aggravate that sentence because you may be classed as middlemen rather than as simple drug mules.

Mr Osorio, I have heard everything that Mr McNamara was able to say on your behalf, but both he and you have been completely realistic about the ultimate disposal of this matter. I have read your letter and I have looked at a bundle of photographs which you offered. You and your family must be devastated by this turn of events. Your children will not see their father for a very long time indeed.

But I cannot forget that there are many families in Hong Kong who would also suffer at the hands of drug pushers - families who also love their children dearly. That is why the sentence that I must pass has a strong deterrent element.

I have taken the relevant guidelines into account under HKSAR v Abdallah [2009] 2 HKLRD 437 which indicates that between 1,200 and 4,000 grammes of cocaine, the starting point after trial would be 23 to 26 years as Mr McNamara indicated and, therefore, for 3.26 kilogrammes, the starting point after trial would be 25 years.

With the full one-third discount which you are entitled to by reason of your early indication of plea, you will go prison for 16 years and 8 months.

Equally, Mr Perla, I have listened to what Mr Beel has said on your behalf and have read the letter that you have written to the court. As with Mr Osorio, there is little in your personal circumstances which can afford any real mitigation for what you did.

It may have seemed a reckless exercise to you and foolish, but it is an act for which you will pay dearly with a significant proportion of your adult life, and I take that fact into consideration because, as it happens, you were found to be in control of over 10 kilogrammes of cocaine by reason of your role. The starting point after trial, following the guideline in Abdallah above, for between 4,000 and 15,000 kilogrammes of cocaine is 26 to 30 years’ imprisonment.

For 10.7 kilogrammes, the starting point would be 28 years and 3 months, and giving you the full one-third discount, the sentence I must pass is one of 18 years and 2 months’ imprisonment.

Addendum to sentence

1st accused

Count 2, 3 years wholly concurrently with the 16 years 8 months to be served on Count 1; and for the 2.8g, 4 months to be served wholly concurrently with Count 2 and Count 1.

2.d accused

The 27 years and 3 months of on Count 4, which is for the 7.2 kilogrammes, with the full one-third discount, is 18 years and 2 months, and the 14 years and 3 months on Count 5 is discounted to 9 years and 6 months. So on Count 1, you will go to prison for 16 years and 8 months to be served wholly concurrently with Count 4 for which you will receive 18 years and 2 months; and on the 5th Count, 9 years and 6 months to be served wholly concurrently with Count 1 and Count 4.