HKSAR v. Barrera Martel Paul Silvio

Read the full judgment text of HCCC 400/2016 on BabelCite. This High Court CFI judgment was delivered on 7 November 2016.

Case No.HCCC 400/2016
Court
High Court CFI
Date07 Nov 2016
Judge
Case Document
100%Judiciary

HCCC 400/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 400 OF 2016

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  HKSAR  
  v  
  BARRERA MARTEL Paul Silvio  

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Before: DHCJ McMahon
Date: 7 November 2016 at 11.02 am
Present: Ms Lilly Wong, SPP of the Department of Justice, for HKSAR
Mr Leslie James Parry, instructed by Littlewoods, assigned by DLA, for the accused
Offence: Trafficking in a dangerous drug (販運危險藥物)

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

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COURT: The defendant was committed to this court on 9 September this year from Eastern Magistracy for sentence pursuant to the provisions of section 81(b) of the Magistrates Ordinance, Chapter 227, following upon his plea to a charge of trafficking in 554 grammes of cocaine.

The facts of the case are straightforward. The defendant, a 29-year-old Peruvian, arrived at Hong Kong International Airport on a flight from Doha. His journey had commenced from Lima, Peru. When he arrived in Hong Kong, he was suspected by Customs officers to have concealed within his body dangerous drugs. He was taken to North Lantau District Hospital where an examination confirmed the presence of objects in his intestines. He was then taken to Queen Elizabeth Hospital where he subsequently discharged 48 packets containing the 554 grammes of cocaine.

I take a starting point of sentence of 17 years’ imprisonment. Given the international element contained within the offence, I enhance that starting point to one of 18 years’ imprisonment.

Given the early plea of the defendant which, regardless of the detailed nature of Mr Parry’s mitigation, I regard as the only mitigation of substance in this case, I reduce that final starting point of sentence to a sentence of 12 years’ imprisonment.