HKSAR v. Rojas Sosa Egberto Jorge

HCCC 392/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 392 OF 2016

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

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COURT: The defendant, a 48-year-old Bolivian national, was committed to this court for sentence from Eastern Magistracy on 13 September 2016, pursuant to section 81(b) of the Magistrates Ordinance, Cap 227, following his plea of guilty to a charge of trafficking in 422.37 grammes of cocaine.

The defendant had arrived at Hong Kong International Airport from Dubai on 18 December 2015. He passed through Customs and Immigration with 77 pellets containing 422.37 grammes of cocaine concealed in his abdomen.

Over the next few days, the defendant became ill as he was unable to pass the pellets successfully and eventually presented himself to Queen Elizabeth Hospital on 27 December, where he was admitted after informing the hospital staff that he had swallowed the pellets. The 77 pellets were discharged over the next few days.

The defendant told police officers who attended at the hospital and arrested the defendant that he had swallowed the pellets of cocaine in Argentina and after flying to Hong Kong via Dubai, had intended to sell the drugs in Hong Kong.

I take a starting point of sentence of 15 years’ imprisonment. Given the international element of the offence, I enhance that starting point by 9 months. That results in a final starting point of sentence of 15 years and 9 months’ imprisonment.

In my view, the only mitigation of substance able to be advanced on behalf of the defendant is his early plea of guilty, regardless of the thoroughness of Ms Panesar’s mitigation.

Accordingly, I give the defendant full credit for his plea and that final starting point of sentence is thereby reduced to a sentence of 10 years 6 months’ imprisonment.