HKSAR v. Valencia Vargas Marlene

HCCC 152/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 152 OF 2017

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

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COURT: The defendant pleaded guilty to one count of trafficking in 707 grammes of cocaine, at Eastern Magistrates’ Court on 8 May 2017. She was committed to this court for sentence.

On 16 July 2016, a team of Customs officers kept the defendant under observation at the arrival hall of the Hong Kong International Airport. The officers followed the defendant to Tsim Sha Tsui, Causeway Bay and Tuen Mun with a view to arrest the recipient of the cocaine. They finally intercepted the defendant in Tuen Mun. Upon search, the officers found two packets of cocaine concealed in two concealed compartments the suitcase carried by the defendant. She had US$1,280, 3.65 euros, HK$802.8 and 82,300 Columbian Peso with her. Upon further investigation, customs officers found that the defendant had planned to stay in a hotel at Causeway Bag from 15 to 16 July 2016. Her room was booked by one Mr James Vargas for one night and paid by cash.

Later, in a video interview, the defendant denied knowledge of the cocaine in her suitcase. She went around various places as she discovered that she was followed. She thought that those people were targeting at her US dollars.

According to Customs and Excise, the market price for this quantity of drug was about HK$1,340,000.

The defendant is 54 years old. She has a clear in Columbia and Hong Kong. She was a merchant earning about US$2,500 per month. She studied up secondary school level. She was in a family business with her son selling religious artefacts. She had no financial gain for taking the cocaine to Hong Kong, as she claimed she was not an addict at the time of the offence.

The sentencing tariff in HKSAR v Abdallah is applicable. For the 707 grammes of cocaine, the starting point should be 20 years and 6 months’ imprisonment. The cocaine was taken from Pereira via Bogota, Panama and Amsterdam to Hong Kong. The starting point should be enhanced by 1 year to reflect this aggravating factor. Having considered the amount of cocaine, her background and the mitigation, I take 20 years and 6 months as the starting point. I add 1 year to reflect the international element. The final starting point is 21 years and 6 months’ imprisonment. I deduct 7 years and 2 months for her plea.

I sentence the defendant to 14 years and 4 months’ imprisonment.