HKSAR v. Jackie Kerlon Delmus

HCCC 134/2023

[2023] HKCFI 2048

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 134 OF 2023

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BETWEEN

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REASONS FOR SENTENCE

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1.On 18 May 2023, the defendant pleaded guilty at the first opportunity to one count of trafficking in a dangerous drug contrary to S4(1)(a)  & (3)  of the Dangerous Drugs Ordinance, Cap 134. He has been committed to the Court of First Instance for sentence and has confirmed his plea before this Court.

Background Facts

2.On 23 August 2022, the defendant, a citizen of Trinidad & Tobago, arrived at the Hong Kong International airport from Trinidad.  His suitcase was examined and the drugs were found secreted under the lining and handle mechanism.  On arrest and caution, he said that he had been given the suitcase by a friend whilst in St. Lucia and he had no knowledge of the drugs.  He maintained a similar stance under VRI.  By reason of his plea, he now accepts he was knowingly trafficking in a dangerous drug.

3.The narcotic content of the cocaine recovered was 1.95 kg.  The street value of the cocaine at that time was HK$2,796,120.

Antecedents

4.The defendant is 34 years of age.  He was born in Trinidad.  He was educated up to Secondary school level Form 5 and is single.  He had been employed as a cook earning US$1,200 per month.  He is of good character in Hong Kong.  Mr Hingorani accepts that in matters such as this, there is little mitigation which can reduce the sentence this court must pass other than for his plea at the earliest opportunity.

Sentence

5.The sentencing guidelines for trafficking in cocaine can be found in R v Lau Tak-ming & Others [1990] 2 HKLR 370 and in HKSAR v Abdallah [2009] 2 HKLRD 437 for amounts over 600 g.  For trafficking in between 1,200g and 4,000g the range of sentence is from 23-26 years imprisonment after trial.  For trafficking in 1,950 g, the appropriate starting point for sentence after trial is 23 years 9 months’ imprisonment.  There is also the aggravating feature of the international importation of these drugs, which will add a further 2 years to that sentence making a total of 25 years 9 months’ imprisonment.

6.Trafficking in dangerous drugs is a serious offence and very little can be said which can mitigate the sentence which the court must pass especially when a citizen of a foreign country chooses to bring these drugs into Hong Kong.  The defendant will of course receive a full one third discount for his plea at the first opportunity.  He will go to prison for 17 years 2 months.

7.Order in terms on the application for exhibits disposal.

Mr Antony Leung, SPP, on behalf of the Department of Justice, for the HKSAR

Mr Jeevan Hingorani, instructed by Tang, Wong & Cheung, assigned by the Director of Legal Aid, for the defendant