HKSAR v. Posso Vergara Cristhian Enrique

HCCC 88/2018

[2019] HKCFI 480

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 88 OF 2018

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: 1st accused, please stand.

You have been convicted by a jury of the charge of trafficking in a dangerous drug, namely 1,982 grammes of a solid containing 1,333 grammes of cocaine.

As Mr Donald rightly pointed out, there is no mitigation as you have pleaded not guilty.

Your record is a bad one in that, apart from coming to Hong Kong and staying in Hong Kong as a Form 8 holder, you have abused the hospitality of Hong Kong by committing crimes in Hong Kong.

Apart from that, you also had committed, in 2011, trafficking in dangerous drugs which you were given 8 years’ imprisonment for. Obviously, that has not helped you to reform.

The sentence, as Mr Donald correctly pointed out, is well-known. It can be found in HKSAR v Abdallah Anwar Abbas, [2009] 2 HKLRD 437, where the Court of Appeal suggested that for trafficking in between 1,200 to 4,000 grammes, would merit a sentence of 23 to 26 years’ imprisonment after trial. I consider therefore that an appropriate sentence is 23 years.

As a Form 8 holder, to abuse the hospitality of the Hong Kong people and committing this crime, as in the case of HKSAR v Mahabul Alam Khan, CACC 116/2016, the Court of Appeal suggested that the sentence should be enhanced as this is an aggravating factor.

I consider that therefore the starting point should be enhanced by 15 months. So you will go to prison for 24 years and 3 months.