HKSAR v. Okoye Chigozie Emmanuel

HCCC 260/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 260 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 has pleaded guilty to one count of trafficking in a dangerous drug, namely 1,150 grammes of a solid containing 681 grammes of cocaine.

The facts are not unusual, in that he, the defendant, was intercepted at the Hong Kong International Airport on 25 January 2015, having arrived from Cambodia. He was brought to the North Lantau Hospital and discharged 7 pellets of cocaine. He was later transferred to the Queen Elizabeth Hospital where he further discharged 63 pellets of cocaine. The 70 pellets were examined by the Government Chemist to certify that the total amount of cocaine was as indicated in the count.

Under caution, the defendant admitted that he had swallowed the 70 pellets of cocaine, and transported them from Cambodia to Hong Kong for a reward of $US4,000, and the retail value of these drugs are estimated to be about HK$1,123,500.

The defendant has a clear record in Hong Kong. And he has told the customs -- the Narcotics Bureau that he is of good health, he is not a drug addict, he is married and has young children back in Nigeria.

In mitigation, Mr Kelly had submitted, correctly, that the court has to follow guidelines laid down in the case of Abdallah [2009] 2 HKLRD 437, which indicated that for trafficking of between 600 grammes to 1,000 grammes, it would merit a starting point sentence of 20 to 23 years’ imprisonment.

Also to be taken into account is the aggravating factor in this case, which is the international element, the importation into Hong Kong from overseas countries, which would merit an enhancement of the sentence of one to two years.

As Mr Kelly correctly pointed out, there isn’t very much that can be said in mitigation for drug trafficking cases. It has been laid down by the Court of Appeal that family circumstances are not relevant. I do take into account, as Mr Kelly has pointed out, about the defendant’s background as a genuine businessman, earning US$1,500 a month, or thereabouts, and he was burdened by debt at the time he fell into temptation, and agreed to carry the drugs from Cambodia to Hong Kong.

But that, unfortunately, is the often-used plea of many a drug courier. Of course, financial circumstances play a lot in it. Of course, also, I accept that the defendant is of the -- belongs to the lower rung of the drug traffickers, and at the risk to his own life, he swallowed these pellets.

Now, however, that does not detract from the fact that a deterrent sentence have to be imposed, because it is all too easy for drug traffickers to offer easy money to couriers like the defendant in order to get the drugs into Hong Kong where it is dispersed amongst the community and the harm done to the local community is incalculable. So I do accept that the defendant is remorseful, and he has offered to assist the officers to -- as much as he can. But, however, the assistance had not generated any fruitful consequence. But he is remorseful, and I accept that.

The defendant has a clear record, he is aged 29, and is of Nigerian nationality. It is always difficult, I know, when sentencing a young man to imprisonment, but unfortunately, these type of cases are all too prevalent, and the court has to be severe in sentencing.

As I said, the suggested guideline in Abdallah, as Mr Keely submitted, would be between 20 to 23 years. In view of the circumstances of the case and the defendant’s background, I would adopt a starting point of 20 years’ imprisonment.

As for the enhancement, I would adopt an enhancement of 1 year, so the total sentence would be one of 21 years, and taking into account the defendant’s early plea and full remorse, I will deduct one-third off, so the defendant will go to prison for 14 years.