HKSAR v. Arrechedera Leon Jorman Javier

HCCC 168/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 168 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 charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

He was intercepted after arriving by air on 7 October 2016. His suitcase was found to contain three packets of dangerous drugs hidden in a concealed compartment. Analysis of those drugs revealed 3,370 grammes of a solid containing 2,486 grammes of cocaine.

Under caution, he denied knowledge of the drugs but said that he travelled from Columbia to Hong Kong as he won a prize and was offered a free trip. He later admitted that he was given instructions and would receive a new suitcase. He travelled from Venezuela to Panama, then to Sao Paulo, and then to Manila and Hong Kong.

The cocaine had a retail value of HK$3.5 million.

The defendant is a Venezuelan citizen, now aged 21. He has a clear criminal record.

By way of mitigation, I am told that he has a long-term girlfriend and a 1½-year-old son and he has always been an honest and hardworking citizen. However, somehow, mysteriously, he was offered a free trip to the other parts of the world which he regarded as an adventure rather than a criminal enterprise that he embarked on, despite warning by his girlfriend.

The 2.48 kilogrammes narcotics fall within the 1,200 to 4,000 grammes (with a starting point of 23 to 26 years). Normally, with an international element for amounts above 1 kilogramme, there should be an enhancement of not less than 2 years.

Counsel has referred me to the case of HKSAR v Able, HCCC 210/2014, where Zervos J has decided to adopt a lower starting point and not to enhance despite the international factor. That is not a binding authority on me.

In the case of HKSAR v Lau Chun Sing [2011] 2 HKLRD 551 which involved 2.96 kilogrammes of cocaine, the Court of Appeal is of the view that the starting point of 25 years before enhancement was correct, but the enhancement by virtue of international element should be limited to 2 years, thus making a starting point 27 years.

In the present case, I consider a starting point of 24½ years is appropriate and I enhance it by 2 years because of the international element, to 26½ years.

The defendant having pleaded at the earliest possible instance is entitled to the one-third discount and he is sentenced to 17 years and 8 months, that is 212 months.