HKSAR v. Ezeh Christian Ifeanyi

HCCC 474/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 474 OF 2015

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

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COURT: Defendant, you have been found guilty after trial by the jury of the offence of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance.

The facts, as clearly found by the jury, is that on 13 June 2015 you arrived at Hong Kong International Airport on a flight originating from Nigeria, and concealed inside your body were 55 pellets containing dangerous drugs in the nature of the drug cocaine. Those pellets contained 805 grammes of a solid containing 380 grammes of cocaine.

You were what is commonly described in this type of case as a “body packer”: someone who uses their body to pack or conceal drugs. You had concealed these drugs within your body coming from Nigeria to Hong Kong.

Trafficking in dangerous drugs is, indeed, a very very serious offence. For persons convicted of trafficking in dangerous drugs, the Court of Appeal in Hong Kong has laid down very clear guidelines to sentence defendants.

For the drug cocaine, the case to which the guidelines are set down are in R v Lau Tak Ming. For amounts between 200 grammes and 400 grammes, a sentence of imprisonment of between 12 to 15 years’ imprisonment is appropriate after trial.

In this case, you had brought these drugs from abroad into Hong Kong. This is what the courts call an aggravating factor calling for an enhancement of the starting point, as clearly there is an international element involved in you bringing these very damaging drugs into Hong Kong.

The guideline case for enhancement of the starting point was laid down in HKSAR v Chung Ping Kun. For between 250 and 500 grammes, the level of enhancement is suggested at a range of between 6 months to 1 year imprisonment.

Defendant, you are a holder of a Nigerian passport, you are, therefore, a citizen of Nigeria. You are now 29 years of age, married, and I am told that your annual income totals 1,000 to 1,500 US dollars.

You are not from a wealthy family, I am told, and your occupation is dealing in car parts. You have a clear criminal record.

Mr Bullett, your counsel, has not advanced much mitigation on your behalf, save for telling me about your background. It appears that people, like yourself, who bring or conceal these drugs in their body are taking a very large risk. Most usually because of this great risk that you take, you will be paid a sum of money.

I note in this case there is no evidence that you were paid any sums of money. However, you had in your possession US$5,000 of which was equivalent to five times your annual salary, approximately.

It is clear and trite law in Hong Kong that being a person of good character or clear record or young is not a mitigating factor to reduce any sentence as trafficking in drugs is so very serious.

Defendant, following the guideline case in Lau Tak Ming, you have been convicted after trial, there being no mitigating factor to reduce the appropriate sentence, for trafficking in 380 grammes of cocaine the appropriate sentence is one of 14 years and 6 months’ imprisonment.

There is an aggravating factor, as I mentioned, you brought these drugs into Hong Kong and that starting point shall be enhanced or increased by a further 9 months’ imprisonment, such that you shall now serve a sentence of imprisonment of 15 years and 3 months’ imprisonment.