HKSAR v. Koekemoer Kasparus Daniel

HCCC 190/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 190 OF 2016

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

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COURT: Mr Koekemoer, you have pleaded guilty to trafficking in 836 grammes of cocaine, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, in that on 31 August of last year you arrived in Hong Kong from San Paulo via Dubai. You had ingested 45 pellets of dangerous drugs containing 836 grammes of liquid cocaine which you had, you said, obtained in Peru.

Those drugs at that time had a street value of HK$1,288,980.

In your record of interview, you were given an opportunity to assist the Customs and Excise to find your two contacts in Hong Kong, because you had, at least then, provided the telephone numbers that you were in possession of. But you were not prepared, at that time, to assist further, and you also refused, at that time, to assist in finding your contacts in Peru who had given you the drugs in the first place to bring into Hong Kong.

From what you said in interview, it appeared that you must have paid for the drugs in Peru because you made no mention of trafficking for a reward, and only mentioned that you would sell the drugs and use the proceeds to buy cell phones and clothes for sale in your business.

I am not sure that that is the case. I will accept what Mr McNamara says that when one is in the position you were in perhaps we do not think as clearly, as otherwise, to make clear what our position is.

I have read your letter, and I have listened to what Mr McNamara has said on your behalf. How you came to be in this position is, in fact, because you were seeking to protect your girlfriend. But, quite rightly, as he will have advised you, there is, unfortunately, very little that can be said by way of personal mitigation because of the guidelines that we have here in Hong Kong and the deterrent effect of trafficking in dangerous drugs internationally.

But, Mr Koekemoer, sometimes a defendant has a very small amount of information in their heads which they can give to the authorities which might just make a difference to the intelligence that is gathered throughout a number of countries. That small amount of information could be the key to something else happening. So you should think about that, because that very small amount of information in the future might make a huge difference to the sentence that you will have to serve and to the length of imprisonment. So, please, do not just think in a cursory way about what you might know. Any assistance that you can give might be to your benefit in the future.

Following the guidelines in HKSAR v Abdallah [2009] 2 HKLRD 437, for trafficking in between 600 grammes and 1200 grammes of cocaine, the sentencing starting point after trial would have been 20 to 23 years. For 836 grammes of cocaine, the starting point would therefore be, giving you the benefit of the doubt, 21 years. There is also an international element, which is an aggravating feature, you will have been told about, because you imported these drugs in from Peru and you intended to sell them on in Hong Kong.

For that international element there would be an additional sentence of 1 year and 6 months. So the total starting point after trial would therefore be 22 years and 6 months. That would be reduced by one-third for your plea of guilty today, and the total sentence that you must now serve for this offence is 15 years’ imprisonment.