HKSAR v. Gomez Chicaiza Galo Patricio

HCCC 369/2017

[2018] HKCFI 374

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 369 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 405 grammes of cocaine, at Eastern Magistrates’ Court on 9 October 2017. He was committed to this court for sentence.

On 19 April 2017, the defendant was intercepted by customs officers at the arrival hall of the Hong Kong International Airport. Scanning tests revealed that he was positive in traces of cocaine.

At North Lantau Hospital, it was confirmed that there were foreign objects inside his body. Later, he was transferred to Queen Elizabeth Hospital for observation. He subsequently discharged 47 pellets of cocaine. He also possessed one mobile phone and cash US$1,000.

Later, in a video interview, the defendant admitted that he bought the pellets of cocaine at Ecuador in March, he flew to Hong Kong en route Brazil and Ethiopia. He swallowed the pellets to avoid detection. The drug was for his own consumption. He was a tourist in Hong Kong. According to the Customs & Excise Department, the market price for this quantity of drugs was about $430,000.

Mr Beel, counsel for the defendant submits that the defendant intends to share the drug with others in parties. However, Mr Beel fairly concedes that the defendant is not putting forward a case of technical trafficking. In any event, given the circumstances of this case, I would not accept any mitigation of technical trafficking.

Mr Beel also pointed out that the defendant would consume 2 grammes of cocaine per week. However, this amount would not affect the final sentence.

The defendant is 48 years old. He has a clear record in Hong Kong, he received university education in Barcelona. He was an acoustic engineer earning about US$500 to 800 per week. He has a previous marriage with three adult children in Barcelona. He has a four-year old son from another relationship in Ecuador.

The sentencing tariff in Lau Tak Ming is applicable. For the 405 grammes of cocaine, the starting point should be 15 years’ imprisonment. The cocaine was taken from Ecuador via Brazil and Ethiopia, to Hong Kong. The starting point should be enhanced by 9 months to reflect this aggravating factor. Having considered the amount of cocaine, his background, and the mitigation, I take 15 years and 9 months’ imprisonment as the starting point. I deduct 5 years and 3 months for his plea. I sentence the defendant to 10 years and 6 months’ imprisonment.