HKSAR v. Kamano Michel

HCCC273/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 273 OF 2009

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

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COURT:  I have to sentence you for bringing into Hong Kong 77 pellets which you had ingested, which contained a total of 716 grammes of heroin.  It was in two different forms chemically, but there is nothing to suggest that those two different forms should fall to be treated differently.  Therefore, I take the total amount as being 716 grammes.

It will have been explained to you that these courts proceed on the basis of guidelines which are based on the amounts of the drugs and the nature of the drugs.  You fall into a category that spans 600 grammes to 1,200 grammes, attracting a starting point, after trial, of 20 to 23 years’ imprisonment.

The case that lays down that guideline also lays down that it is an aggravating feature to bring the drugs into Hong Kong from outside, as you did, and where amounts of a kilogram are involved, the enhancement would not be less than 2 years.  You are less than a kilogram and, therefore, your enhancement will be less than 2 years.

You will appreciate, having had that explained to you, that my hands are tied.  There is no justification for moving out of the guidelines and there is every reason to stay in them because it is the unfortunate fact that these are common offences and it leads to grave a sense of injustice if one has a lesser sentence than the other when they have done exactly the same thing.

I appreciate the matters Mr Boyton has put before me that affect you personally, but it is the fact that those matters cannot take you outside the guidelines.

So looking at the guidelines here, with your amount of drugs at 716 grammes, you are something in excess of 20 years as a starting point and something less than 2 years to be enhanced.  In those circumstances, I look at a starting point of 22 years.

To that comes the one-third discount.  That would give you a sentence of 14 years and 8 months.  We are not complete slaves to mathematics.  I shall pass a sentence of 14½ years in the circumstances and that does acknowledge your co-operation and the fact that your plea was early. 

We give a third to everybody but you have a slightly more generous rounding-down, from me at least, if you plead guilty in the Magistrates Court, having been co-operative all the way through, rather than a man who has a jury panel  and who pleads at the door of the court.  So that is why I have made that very modest adjustment in your favour.

I can do no more for you than that.  The sentence is one of 14½ years.