HKSAR v. Hernandez Chinchilla Meiber Coromoto

HCCC 226/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 226 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 2.99 kilogrammes of cocaine on 10 July 2017 at the Eastern Magistrates Court. She is committed to this court for sentence.

On 30 November 2016, the defendant arrived at Hong Kong International Airport from Brazil via Ethiopia. She was refused entry. Her two suitcases were searched. Customs & Excise officers found cocaine inside a concealed compartment in each suitcase. The defendant also had US$660 and two mobile phones with her.

Under caution, she admitted taking the two suitcases to Hong Kong for her boyfriend. The suitcases were handed over to her in Brazil by a friend of her boyfriend. She was given the money as travelling expenses.

Customs & Excise Department statistics show that the street value of the cocaine was about HK$7 million.

The defendant is 30 years old. She holds a Venezuelan passport. She has one son and one daughter. She operated a shop selling clothes, earning about 120,000 Venezuelan currency per month. The defendant has a clear record in Hong Kong. She is not an addict.

The sentencing tariff in HKSAR v Abdallah is applicable. For trafficking in 2.99 kilogrammes of cocaine, the sentence should be 25 years’ imprisonment. The cocaine was taken from Brazil to Hong Kong, the starting point should be enhanced to reflect this aggravating factor.

Counsel for the defendant, Mr Donald, draws my attention to the contribution of the defendant in the anti-drug campaign organised by Father John on the internet. Father John claimed that this campaign was successful to warn people in South America. Counsel asked for further reduction for the defendant’s effort in this campaign. I have also considered the letters submitted by the defendant and her brother. I accept that the defendant is remorseful.

Having considered the amount of cocaine, the background and the mitigation of the defendant, I take 25 years’ imprisonment as the starting point. I add 2 years to reflect the international element. The final starting point is 27 years’ imprisonment. I deduct 9 years for her plea. For the effort in Father John’s programme, I deduct 6 months further.

I sentence the defendant to 17 years and 6 months’ imprisonment.