HKSAR v. Svec Vladimir

HCCC 260/2017

[2018] HKCFI 299

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 260 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 is convicted after trial of one charge of trafficking in a dangerous drug.

He was searched whilst going through the green channel after arriving from Sao Paulo via Addis Ababa and his suitcase was found to have a concealed compartment containing two tin foil packets of drugs. Analysis of the drugs reveals that they are 3.97 kilogrammes of a powder containing 3.32 kilogrammes of cocaine.

The defendant is now aged 69 and turning 70 in the coming April. He is of a clear record both here and back in the Czech Republic. He is divorced and living alone and retired.

The case of Abdallah has set down guidelines for trafficking in large amount of heroin or cocaine. The amount of narcotics in this case, namely 3.32 kilogrammes falls within the 1,200 to 4,000 grammes bracket, with a starting point of 23 to 26 years. That case also specifies that with an international element for amounts above 1 kilogramme, there should be an enhancement of not less than two years.

In a subsequent case of 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 two years thus making a starting point of 27 years. Likewise, I adopt 25 years as a starting point in this case, enhance it by two years for the international element.

The defendant goes to prison for 27 years.