HKSAR v. Da Silva Lima Antonio Helton

HCCC 422/2024

[2025] HKCFI 5548

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 422 OF 2024

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: D2 has pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance and is committed to this court for sentence.

On 9 May 2023, D2 was intercepted by customs officers on his arrival to Hong Kong from Bangkok at the Hong Kong International Airport. Suspecting internal concealment, D2 was sent to hospital for medical examination. A total of 151 packets containing 1.3 kilogrammes of cocaine was excreted from his body.

The street value of the cocaine was estimated to be over HK$1.6 million.

D2 is now 25, a Brazilian national educated up to secondary school level. Prior to his departure to Hong Kong, he worked at a barber shop making HK$2,500 a month. D2 has a clear record.

Starting point for trafficking in 1.3 kilogrammes of cocaine is one of 19 years and 2 months’ imprisonment.

There are aggravating factors in the present case, namely drug being concealed inside his body and drugs being taken across countries and continents into Hong Kong. These two factors again mark the difference between the present case and the case where couriers delivering drugs in the streets of Hong Kong. As such, the starting point is enhanced to one of 20 years and 2 months’ imprisonment.

A full one-third discount is given to D2’s earliest plea. An additional 3 months will be given for D2’s effort in helping Father Wotherspoon’s programme in combatting international drug trafficking.

For the offence D2 stands convicted, he is therefore sentenced to 157 months’ imprisonment, ie 13 years and 1 month imprisonment.