HKSAR v. Roberto Emilio Arias Guardia

HCCC 52/2017

[2018] HKCFI 1082

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 52 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 has been convicted by a jury of one count of conspiracy in trafficking in a dangerous drug. On 24 January 2016, a 20-foot container carrying with it 200 sacks of cocoa beans arrived at the Hong Kong Container Terminal from Panama. After a search by customs officers, two extra sacks were found. Inside these two sacks, 48 blocks totalling 32.047 kilogrammes of cocaine were found.

The street value was estimated to be HK$47 million.

In the morning of 29 January 2016, the defendant was seen, together with a male, Law Kam-yuen, arriving at the container yard where the container was temporarily stored under the watchful eyes of the customs officers. The defendant was then seen to open the container, and after a search, he retrieved the two sacks of cocaine which had been replaced with dummy drugs earlier by the Customs and Excise Department, and place them onto the ground outside the container. Both the defendant and Mr Law were then arrested.

The defendant is 33 and has a clear record in Hong Kong. In fact, this is his first time to Hong Kong and he has received university education in the United States and claimed to assist his father in project finance and investment business. Although the defendant was charged with a conspiracy offence, evidence however indicated that the plan had been executed; in essence, the defendant was trafficking in the cocaine in question.

Further, section 39 of the Dangerous Drugs Ordinance provides that in term of penalty, the sentence for the conspiracy charge is the same as the substantive offence. Guidelines on sentencing are clear; the starting point for trafficking 15 kilogrammes of cocaine is one of 30 years’ imprisonment. Any quantity above 15 kilogrammes would be at the discretion of the sentencing judge.

Given the amount of the cocaine involved in this case, I believe an additional 2 years will be appropriate in this case. In this particular case, cocaine had been shipped from Panama all the way to Hong Kong, hence there is an international element involved. As such, an additional 2 years will be added to the starting point. In summary, the starting point for the offence the defendant stands convicted will be one of 34 years’ imprisonment.

The defendant was convicted after trial. As such, no further discount can be given. In conclusion, the defendant is sentenced to 34 years’ imprisonment.