HKSAR v. Santos Paiva Gabriel

HCCC 8/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 8 OF 2017

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

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COURT:

Mr Santos, you pleaded guilty to one count of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, on 9 January 2017, before the Eastern Magistracy and at the very first opportunity, in that you accepted that you imported 1.530 kilogrammes of cocaine into Hong Kong on 14 July 2016 from Brazil via Dubai.

The cocaine had a street value in Hong Kong at that time of $2,285,000 and it was concealed in compartments within a suitcase and a backpack.

As is your right, Mr Santos, you remained silent upon arrest although I believe you would have been frank with the authorities at that point and the reason you did not admit your part at that stage was simply because of the unavailability of a suitable interpreter because, later in the video-recorded interview and with an interpreter, you said you were to be paid $5,000 to bring liquid cocaine into Hong Kong and you frankly admitted to doing so, even though you might not have known the exact weight and characteristic of the dangerous drug you were carrying.

You are a Brazilian passport holder and just 22 years of age. You will have had a very difficult life without a mother and father and being raised by your grandparents. But you entered into this crime willingly and you are to pay a very heavy price for that foolishness at a very young age.

The relevant sentencing guideline in your case is HKSAR v Abdallah Anwar Abbas [2009] 2 HKLRD 437, and for trafficking in between 1,200 and 4,000 grammes of cocaine, as counsel had told you, the starting point after trial is between 23 to 26 years. For trafficking in 1.530 kilogrammes, the starting point is therefore 23 years and 6 months.

There is also the aggravating feature of your offending in that you imported these drugs from Brazil, and for that international element, the same authority, HKSAR v Abdallah, requires that you will receive a further 2-year imprisonment which would make the sentence, before any discount for plea, 25 years and 6 months.

I have heard everything Mr Ackber has said on your behalf but as he has accepted and unfortunately, this is a very serious offence which attracts a deterrent sentence and there is little which has been able to be said on your behalf by way of mitigation which can reduce the sentence further, no matter how much I would have liked to have been able to do so.

You very sensibly decided to plead guilty at the first opportunity and following HKSAR v Abdul Makidu Abdulkarim [2016] 5 HKLRD, you will receive your full one-third discount.

Mr Santos, you must go to prison for 17 years.