COURT: Mr Paulo, you pleaded guilty to one count of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, on 21 December of last year before the Eastern Magistrates’ Court. That count involved the importation into Hong Kong of 711 grammes of cocaine.
As you have heard from prosecuting counsel, the case against you is that you arrived in Hong Kong via the International Airport on 6 January of last year from Dar es Salaam via Addis Ababa. And you were suspected at that time of concealing foreign objects within your body and it was later revealed that you had swallowed 80 pellets of dangerous drugs and those pellets contained cocaine. You also had on you a significant amount of international currency. You had US$2,050, 300 Thai Baht, 20 Ethiopian Birr and 3,000 Tanzanian Shillings, and in addition to that 1,000 Central African Franc, which tends to suggest you have done a bit of travelling.
As is your right, you were silent on arrest and thereafter. But as a result, Mr Paulo, the court does not have any evidence upon which to suggest that you came by any of that money in your possession honestly. Indeed, the overwhelming inference is that you were provided with these funds for your drug courier activities.
The street value of the drugs that you were bringing in was $1,104,048. That is a significant amount.
Mr Marray has told the court you are 46 years of age, and therefore you are a mature man. You understood what it was you were risking at the time that you did this. You are married, with adult children and a teenage daughter. And you were, and I accept, the main breadwinner of the family. That is a very heavy responsibility in difficult times. Before these events, you were a trader selling second hand clothes and electrical appliances.
I am told through the letter in mitigation that Mr Marray helpfully sent in advance that you were offered US$5,000 to bring these dangerous drugs into Hong Kong, and also the US$2,000 you had in your possession, so that you could show immigration you were in a position to support yourself, that is a signature action for importation of dangerous drugs into Hong Kong.
I read your letters, which shows you are remorseful and I accept that. And I have also, of course, read the letter and seen the emails from Father John Wotherspoon in respect to the assistance you sought to give. And again, I accept that you did what you could but, obviously, the nature of being a courier in drugs is that the drug cartels do not tell you anything, so that they can ensure that they are not at risk if you are caught.
According to the guidelines set down in HKSAR v Abdallah [2009] 2 HKLRD 437, for trafficking in between 600 grammes and 1,200 grammes of cocaine, the starting point range of sentence after trial would be 20 to 23 years. You imported 711 grammes of cocaine and therefore the starting point after trial would be in the range of 20 years and 6 months. There is also the international element of this crime, which is an aggravating feature of this case. And in accordance with HKSAR v Chung Ping Kun, CACC 85/2014, I will enhance the starting point by 1 year and 3 months, making the total starting point 21 years and 9 months.
I have taken note of what Mr Marray has said on your behalf and I do note that you are remorseful and I have taken into account Father Wotherspoon’s letter, and so I will deduct 3 months from that sentence to reflect what you have sought to do. And that is the most that I am allowed to deduct. That makes 21 years and 6 months.
You may, in the future, Mr Paulo, seek a further discount through the Chief Executive if it becomes appropriate as a result of what you have been able to provide.
In offences as serious as this one, however, there is not any other mitigation which I can take into account to reduce your sentence any further than that. And, of course, I will give you a one-third discount for your plea at the first opportunity.
You will go to prison, therefore, for 14 years and 4 months.