This is the sentence of the defendant in respect of HCCC 276 and HCCC 277, both of 2019.
In HCCC 277/2019, the defendant was the 3rd accused and he has pleaded guilty to one charge of trafficking in 11.3 grammes of a solid containing 9.36 grammes of cocaine which was Charge 5 in that case.
In the other case, HCCC 276/2019, the defendant was charged with one count of trafficking in 1,856.68 grammes of a solid containing 1,607.7 grammes of cocaine, to which he pleaded not guilty and was convicted after trial.
As regards HCCC 277/2019, on 19 March 2018, customs officers, PW1 and 2, intercepted the defendant and took him to a flat in Tower 7 of Avignon, in Tuen Mun, where the defendant said he was living. A house search was conducted there during which the officers found in an oven in the kitchen the cocaine which was the subject matter of Charge 5.
The defendant admits and accepts that he possessed the cocaine for the purpose of trafficking.
As regards HCCC 276/2019, in the aforesaid search PW1 also found on the dining table in the living room a tenancy agreement, dated 6 March 2019, together with a temporary receipt. The address shown in that tenancy agreement was Flat A, 22nd Floor, Block 3, Hong Kong Gold Coast, Phase 1.
The two customs officers then took the defendant to the aforesaid Gold Coast apartment. Subsequently a third customs officer, PW3, also arrived. PW1 used the second key seized from the defendant to open the main door. In the innermost room on the right-hand side of the apartment which he described as the “soundproof room”, PW3 found the following:
• An open suitcase which contained a batch of what PW3 described as packing tools, including one electronic saw, one big and one small cutting machine, cutting discs, one mask, an eye mask, a pair of gloves and some Ziploc bags.
• On the right of that suitcase there was an open carton box which contained six transparent plastic bags containing white powder which, upon later examination by the government chemist, was confirmed to be cocaine. Also found inside the carton box were a pair of plastic gloves and an electronic scale.
• Underneath the suitcase there were two metal components, two small symmetrical metal devices stained with white powder (later confirmed to be cocaine) and two plastic components.
The CCTV footage of Block 3 of the Hong Kong Gold Coast, Phase 1, showed that on various occasions on 6th, 7th, 9th, 15th, 16th and 17 March 2018, the defendant was seen having been to that building and taking the lift up to the 22nd floor. On some of those occasions, he was seen with Grisales Pelaez Arony Olinder, who was D4 in HCCC 277/2019. The defendant in his evidence admitted that on those occasions he had been to the apartment in question on the 22nd floor.
The aforesaid six plastic bags of cocaine and the traces of cocaine found on the small symmetrical metal devices found in the soundproof room formed the subject matter of the charge.
By their verdict the jury finds that the defendant was in joint possession of the cocaine with Olinder for the purpose of unlawful trafficking.
Antecedent
In relation to antecedents, the defendant is a Columbian and is aged 32. He arrived Hong Kong on 21 January 2018 and was allowed to stay up to 21 April 2018. He has a clear record in Hong Kong. He says that he was working in a logistics company in California USA and he was also a student.
Sentence
According to AG v Pedro Lou Rojas, the sentencing for trafficking in cocaine follows the sentencing tariff for trafficking in the same quantity of heroin.
For Charge 5 in HCCC 277/2019, according to the tariff laid down in R v Lau Tak Ming & Anor trafficking in up to 10 grammes of cocaine narcotic would attract a sentence of 2 to 5 years’ imprisonment. The charge to which the defendant has pleaded guilty involves 9.36 grammes of cocaine narcotic. Therefore, the arithmetical starting point for that charge would be 57 months’ imprisonment after trial. I can see no reason to depart from that starting point. After giving the customary one-third discount for the defendant’s timely plea, the sentence is reduced to 38 months’ imprisonment. Apart from his plea I can see no reason to reduce his sentence. Therefore, the defendant is sentenced to 38 months’ imprisonment for that charge.
As regards HCCC 276/2019, the applicable tariff is provided by HKSAR v Abdallah, which says that trafficking in 1,200 to 4,000 grammes of cocaine narcotic would attract a sentence of 23 to 26 years’ imprisonment. The quantity of cocaine narcotic involved in this case is 1,607.7 grammes. Therefore, the arithmetical starting point for the offence would be 23 years and 5 months’ imprisonment after trial. I can see no reason to depart from this starting point. There is also no valid mitigation of any weight which may reduce the sentence. The defendant is therefore sentenced to 23 years and 5 months’ imprisonment for that charge.
Totality
Taking into account the totality, I order that the two sentences are to run concurrently. Therefore, for the two
cases the defendant is sentenced to a total imprisonment term of 23 years and 5 months.