Marcelo Agreda Agreda v. HKSAR

CACC 80/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 80 OF 2010

(ON APPEAL FROM HCCC6/2010)

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Before: Hon Stock VP, Lunn and Wright JJ

Date of Hearing and Judgment: 2 September 2010

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JUDGMENT

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Hon Wright J (giving the judgment of the Court):

1.On 18 August 2009 the applicant arrived at Hong Kong International Airport having travelled from Bolivia via South Africa. The applicant’s baggage was searched. A mixture containing 3580 gm of cocaine was located. The applicant participated in a controlled delivery operation but no one arrived to collect the baggage. The applicant pleaded guilty to the offence of trafficking in a dangerous drug. On 26 February 2010 he was sentenced to undergo imprisonment for a period of 18 years by Saw J.

2.The applicant seeks leave to appeal the sentence on the grounds that it "... exceeded all the limits established by law." It did not.

3.As the judge explained at the time of sentencing the decision in HKSAR v Abdullah [2009] 2 HKC 437 indicates a period of imprisonment between 23 and 26 years where the quantity of cocaine is between 1000 and 4000 gm. The judge took a starting point of 25 years imprisonment. He increased that sentence by 2 years in recognition of the aggravating feature that the trafficking was international. From the aggregate sentence of 27 years he allowed a discount of one third in respect of the applicant's plea of guilty. He recognised that it is well established that a foreigner who comes to Hong Kong to commit an offence is not entitled to special consideration as a result of his foreignness. The starting point and the discount were both correct as was the judge's recognition that there were no further mitigating factors available to the applicant.

4.The application is dismissed.

Mr David Leung, SADPP, Department of Justice, for Respondent

Applicant in person