HKSAR v. Bonifacio Gomes

Case No.HCCC 185/2011
Court
High Court CFI
Date11 Aug 2011
Judge
Case Document
100%

HCCC185/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 185 OF 2011

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  HKSAR  
  v.  
  Bonifacio Gomes  

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Before: The Honourable Mr Justice Line
Date: 11 August 2011 at 9.43 am
Present: Mr Franco Kuan, Senior Public Prosecutor (Acting), of the Department of Justice, for HKSAR
  Mr Peter Julian Cahill, instructed by Messrs Krishnan & Tsang, 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: I have to sentence you for trafficking in dangerous drugs. The drug involved was cocaine and you had swallowed some 63 pellets which, on analysis, contained 850 grammes of the drug.

You will have been told that we follow guidelines based on the weight and nature of the drug. You fall in the bracket of 600 grammes to 1,200 grammes, roughly in the middle of that, attracting a starting point of imprisonment, after trial, of 20 to 23 years. Also, I have to factor in the fact that you were bringing these drugs across an international boundary because you were stopped at the airport, having arrived from Africa.

I bear in mind the submissions made by your counsel and the fact that you were co-operative and pleaded guilty in the Magistrates' Court.

I shall take a starting point of 21 years and I shall add a year to that to reflect the international aspect, which gives a starting point of 22 years. You earn a one-third discount for your plea of guilty, which produces 14 years and 8 months’ imprisonment.