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HCCC5/2011
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 5 OF 2011
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HKSAR |
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v. |
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Bangoura Charles |
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| Before: |
Deputy High Court Judge A Chan |
| Date: |
23 February 2011 at 9.45 am |
| Present: |
Ms Catherine Ko, SPP, of the Department of Justice, for HKSAR
Mr Maurice Peter Tracy, assigned by the Director of Legal Aid, for the Accused |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The defendant pleaded guilty to one count of trafficking in a dangerous drug contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. He was committed to this court for sentence.
The Summary of Facts, which was admitted by the defendant, reveals the following: on 19 June 2010, the defendant was intercepted by Customs officers at the Hong Kong International Airport. Upon baggage examination, 43 pellets of heroin were found hidden in some toiletry bottles. Upon admission to the Queen Elizabeth Hospital, the defendant further discharged another 40 pellets of heroin from his body. The 83 pellets of heroin were found to contain a total of 620 grammes of heroin.
The defendant is a merchant by occupation and has a clear record in Hong Kong. He acted as a courier to bring the drug in for financial reward.
Guidelines on sentencing are clear. Amounts of over 600 grammes fall into the very large quantities. The sentence is therefore one of 20 years’ imprisonment.
It has been reiterated in Hong Kong SAR v Abdallah Anwar Abbas, CACC304/2008, that international element in trafficking constitutes an aggravating feature. In view of the quantity involved, an additional 1 year will be added to the starting point.
The defendant will be given the usual one-third discount for his early plea. In conclusion, the defendant is sentenced to 14 years’ imprisonment.
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