HKSAR v. Posso, Vergara Cristhian Enrique

Case No.HCCC 252/2011
Court
High Court CFI
Date13 Dec 2011
Judge
Case Document
100%

HCCC252/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 252 OF 2011

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  HKSAR  
  v.  
  Posso, Vergara Cristhian Enrique  

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Before: The Honourable Mr Justice Line
Date: 13 December 2011 at 2.41 pm
Present: Mr Robert Andrews, on fiat, for HKSAR
Mr Paul Loughran, instructed by Wat & Co., assigned by the Director of Legal Aid, for the Accused
Offence: Trafficking in dangerous drugs (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: You know about the sentences for drug trafficking. You have already been sentenced in this jurisdiction, this was a retrial. You know there is a guideline for sentences after trial that starts, in your case, at 8 years and it runs to 12 years for amounts of cocaine alone of 50 to 200 grammes.

Therefore, for the cocaine, you have to have a sentence of at least 8 years. Last time the judge, rather mercifully in my view, only added 1 month by reason of the other drugs. In fact, if I had a clean slate, as it were, I think I might have added some more, but I will not increase your sentence without there being a cogent reason to do so and that sort of difference I have in mind can hardly be described as cogent.

Therefore, I am minded, in fact, to sentence you on the cocaine. I cannot see, after a sentence of 8 years, messing around with 1 month makes any difference.

The sentence you must face is one of 8 years’ imprisonment. It is probably a month less than you anticipated.