HKSAR v. Cedeno Marin Edisson

HCCC 42/2019

[2019] HKCFI 1918

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 42 OF 2019

-----------------

------------------

----------------------------------------------

Transcript of the Audio Recording

of the Sentence in the above Case

----------------------------------------------

COURT:

The defendant pleaded guilty to one count of trafficking in 210 grammes of cocaine at Eastern Magistrates’ Court on 11 February 2019. He was committed to this court for sentence.

On 24 June 2018, shortly before half past 4 pm, a police officer stopped the defendant outside No 130 Electric Road, North Point, as the defendant was acting furtively. The officer saw him dropping a paper bag on the ground. The officer found one packet of cocaine in the paper bag which is the subject matter of the charge.

According to the police, the market price for this quantity of cocaine was about $310,000.

The defendant is 29 years old. He is from Colombia. He used to be a truck driver earning about US$1,300 per month. He came to Hong Kong in 2017 on a valid visa. He came to look for a better living condition as there was a civil war in Colombia.

He has one conviction of possession of dangerous drug in September 2018. He was sentenced to 6 months’ imprisonment in Hong Kong. He was induced by a friend to commit the present offence for a reward. He is a Form 8 holder. However, he had withdrawn his application for non-refoulement shortly after his arrest for the present offence.

Ms Crebbin informs this court that the defendant’s girlfriend has recently been diagnosed of brain cancer. Defendant’s mother is in depression after learning about this case. Ms Crebbin produced a bundle of letters from defendant’s friends. All of them were shocked. His friends pointed out that defendant was a hard-working person. He was a filial son. Ms Crebbin pleads for leniency as the defendant is truly remorseful.

In his letter to this court, defendant asked for leniency. He apologised to the people of Hong Kong. He also asked to be deported back to Colombia after serving half of his sentence in Hong Kong. He would serve the rest of his sentence in Colombia. This court has no power to make such order. Defendant may consider making that application through other channels in appropriate time.

Trafficking in a dangerous drug is a very serious offence. Deterrent sentence is warranted. Suffering of family members is not a valid mitigating factor. There is no reason to depart from the tariff in this case. The sentencing tariff in HKSAR v Lau Tak Ming is applicable. For trafficking of 210 grammes of cocaine, the starting point should be 12 years and 2 months’ imprisonment. I enhance the sentence by 6 months for his Form 8 holder status. The enhanced starting point is 12 years and 8 months’ imprisonment. I deduct 4 years and 3 months for his plea.

I sentence the defendant to 8 years and 5 months’ imprisonment.