HKSAR v. Stefanovich Nikita

HCCC 33/2018

[2018] HKCFI 1388

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 33 OF 2018

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT:

Defendant, on 22 January 2018, you pleaded guilty to an offence of trafficking in dangerous drugs before a magistrate sitting at the Eastern Magistracy. Upon your plea of guilty, you were committed here to the Court of First Instance for sentence. You admitted that on 16 December 2016 at the Hong Kong International Airport, you unlawfully trafficked in 3.05 kilogrammes of a solid containing 2.43 kilogrammes of cocaine. On that date, you arrived in Hong Kong from Sao Paulo via Addis Ababa, Ethiopia. You were intercepted at the green channel, ‘Nothing to declare zone’, at the Customs Arrival Hall.

Upon baggage inspection, examination of your suitcase, the drugs as stated in the charge were found in a false compartment and concealed within the inside of your suitcase.

The estimated retail value of the drugs was an amount of $3,114,050.

A preliminary enquiry was made with you, whereupon you told the officer the purpose of your coming to Hong Kong was for travelling and you would go to Moscow thereafter. You said you would not give your suitcase to anyone and you did not know what the stuff was inside the suitcase. As a result, no control delivery operation was conducted.

The video-recorded interview was taken from you in the presence of a Russian interpreter, and under caution, you denied knowledge of the drugs in your suitcase. However, upon your plea of guilty, you now admit and accept that at all material times you knew dangerous drugs were concealed inside your suitcase when you entered Hong Kong.

You are a Russian national aged 30 and married with an 11-month old child. I am told that this child was born after you had left Russia for this trip. You lived in St Petersburg and earned a monthly salary of approximately $4,200 as a chef. You’ve attained college level education. You are of a clear record.

Mr Kelly has mitigated on your behalf before me today and has explained to me how you became involved in drug trafficking. In short, you were influenced by a friend and you were to be rewarded US$1,000 for taking these drugs to Hong Kong. You did not know the nature nor the quantity of the drugs involved. In mitigation raised earlier, you have, approximately a week before today, offered to assist the prosecution, but this has come rather late in the day and if there is any positive assistance, I am sure that the Court of Appeal will be able to deal with this matter.

On the facts of this case, I accept that you were a courier. Mr Kelly has correctly referred to the appropriate guidelines laid down in Abdullah for trafficking in the drug cocaine. For the quantity of between 1,200 and 4,000 grammes, the starting point after trial would be one of between 23 and 26 years’ imprisonment. You were trafficking in 2,430 grammes of cocaine. Had you been convicted after trial, an appropriate starting point would be one of 24 years and 3 months’ imprisonment.

You were importing these drugs into Hong Kong, that is an aggravating factor and for this aggravating factor, I enhance the sentence by 2 years’ imprisonment. Therefore, the starting point had you been convicted after trial, would be one of 26 years and 3 months’ imprisonment. Your strongest mitigating factor is your plea of guilty at the earliest opportunity and for that, you shall be afforded a one-third discount.

In the circumstances, you shall be sentenced to 17 years and 6 months’ imprisonment.