HKSAR v. Zaripov Eduard

HCCC 86/2018

[2018] HKCFI 1786

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 86 OF 2018

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:

The facts of this matter can be put very shortly. The defendant who I am told is now 39 years old, comes from Russia. He was intercepted at the airport on 6 June last year, as he came through the customs, after a flight from Rio de Janeiro.

The defendant’s possessions were searched. Eleven packets of cocaine were found in a pair of socks in his hand luggage, and a further 13 packets were found in a Dubai duty free bag that he was carrying. Further drugs were suspected to have been concealed inside his body, and in due course, a further 66 packets were recovered. Those 90 packets in all, they had a street value which was estimated to be $783,729.

The defendant at the time refused to provide any background information about himself, but it seems that he came from a fairly stable family, and as so often is the case with drugs couriers, it is almost impossible to understand the reasons why people give way to temptation, even for such a large sum of money as US$10,000.

The sentencing guidelines for a case such as this are plain. Again, Mr Marray has advised the defendant as to what these are, in a case such as this. Following R v Lau Tak Ming & Ors [1990] 2 HKLR 370, as adopted for trafficking in cocaine in AG v Pedro Nel Rojas [1994] 1 HKC 342, it would seem that the appropriate starting point in this case is 20 years’ imprisonment after a contested trial.

As this is an importation case, a further enhancement is called for, following the judgment of the Court of Appeal, in HKSAR v Chung Ping Kun [2014] 6 HKC 106. I propose to add only a year, although it could have been longer.

This makes an overall starting point of 21 years.

Mr Zaripov, would you stand, please? I propose to give you full credit for your plea of guilty. Your sentence is that you go to prison for 14 years.