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HCCC423/2010
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 423 OF 2010
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HKSAR |
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Ugwuamaka Chigozie Solomon |
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| Before: |
Deputy High Court Judge Longley |
| Date: |
28 September 2011 at 3.17 pm |
| Present: |
Mr Graeme Mackay, on fiat, for HKSAR
Ms Anita Ma, instructed by Yip & Co, 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: Chigozie Solomon Ugwuamaka, you have been convicted after trial of trafficking in 942.43 grammes of a solid containing 759.75 grammes of cocaine.
You were carrying these drugs concealed in two fruit juice containers when you were stopped by Customs officers on a path leading to Pat Heung Road on 9 July last year. The drugs had been packaged into 63 pellets.
It appears from the evidence that you arrived in Hong Kong from your native Nigeria in November 2007. You were permitted to stay 21 days, but you were still here on the day of your arrest, 9 July 2010.
Despite the fanciful claim you made when you gave evidence that it was not until 9 July last year that you knew it was illegal to traffic in dangerous drugs, I have no doubt that you were fully aware of that fact and that very serious consequences would follow if you were detected.
It is apparent to me, having seen and heard you give evidence, that you are both intelligent and highly devious.
I am sure Ms Ma, your counsel, will have told you that the guidelines laid down by the Court of Appeal provide that those who traffic in between 600 grammes and 1,200 grammes of cocaine can expect the courts to adopt starting points of between 20 and 23 years’ imprisonment.
In your case, 759.75 grammes of cocaine were involved. There is no reason for me not to follow those guidelines in your case. I accordingly adopt a starting point of 20 years’ imprisonment.
You have not shown a trace of remorse for what you have done, and there are no other circumstances warranting any discount from that starting point.
I accordingly sentence you to 20 years’ imprisonment.
Please refer to CACC431/2011 for the relevant appeal(s) to the Court of Appeal. |