HKSAR v. Echendu Chijioke Nick

HCCC 195/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 195 OF 2016

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

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COURT: Mr Echendu, you pleaded guilty to one count of trafficking in dangerous drugs on 22 April 2016, before Mr Jason Wan at the Eastern Magistracy. That count involved the importation into Hong Kong of 645 grammes of cocaine. You are to be commended for your early plea.

The charge to which you pleaded guilty was contrary to Section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, and the case against you was that you arrived in Hong Kong on 1 October 2015 from Lagos via Dubai. You had swallowed 75 packets of dangerous drugs, and you were taken to hospital in order to wait for you to excrete them. Those packets contained cocaine.

You say you imported them into Hong Kong because you had been offered US$3,000 to do so. You also had on you, at the time, US$4,067, HK$662.50, and 6,600 Nigerian naira. On arrest, you said that you did not know what it was you had swallowed, but by your plea, you clearly accept that you knew you were carrying dangerous drugs.

Mr Echendu, the street value of those drugs was HK$1,588,340.

Mr Fenton has urged upon me the fact that you have assisted Father Wotherspoon in trying to stop others acting as foolishly as you have done, and throwing away a large part of their lives for short term gain. I have read HKSAR v Otieno Millicent Akoth HCCC 145/2016, in which Deputy High Court Judge Woo gave a discount of 11 months for that assistance. And I have also been handed and read CACC 56/2013, HKSAR v Mugala Kevina Buwembo, in which the defendant pleaded guilty to trafficking in 660 grammes of cocaine before Deputy High Court Judge Wong, and for that, she received a sentence of 14 years’ imprisonment.

According to the guidelines set down in HKSAR v Abdallah [2009] 2 HKLRD 437, for trafficking in between 600 and 1,200 grammes of cocaine, the starting point range of sentence after trial would be between 20 and 23 years. You imported 645 grammes of cocaine, and therefore the starting point after trial would be in the range of 20 years and 3 months.

There is also the international element of this crime, which is an aggravating feature of this case, and in accordance with HKSAR v Chung Ping Kun CACC 85/2014, I will enhance the starting point by 1 year and 3 months, making a total starting point of 21 years and 6 months.

But I have taken note of what Mr Fenton had said on your behalf, and I am prepared to discount the starting point by 6 months for the efforts you have made to deter others. In offences as serious as this one, there is little by way of other personal mitigation which can reduce the sentence this court must pass. You will, of course, receive a one-third discount for your plea of guilty at the first opportunity, and so you will go to prison for 14 years.