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HCCC366/2011
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 366 OF 2011
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HKSAR |
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Kanfune Bashiri Rajabu |
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Before: The Honourable Mr Justice Line
Date: 7 February 2012 at 9.36 am
Present:
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Ms Grace Chan, Senior Public
Prosecutor of the Department of Justice, for HKSAR
Mr Graeme Alexander Mackay, instructed by Messrs Krishnan & Tsang, assigned by the Director of Legal Aid, for the Accused
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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: I have to sentence you for trafficking in dangerous drugs. The drug in question was heroin and you were trafficking in 620 grammes of it. You brought it through the airport secreted in your body.
It will have been explained to you that sentencing for drug trafficking depends on guidelines and you fall into the category that runs from 600 grammes to 1,200 grammes attracting a starting point of 20 to 23 years’ imprisonment.
I shall put you at 620 grammes at the bottom end of that bracket. You will have one-third discount off the eventual sentence for your plea of guilty but I do have to increase the sentence to some extent because of the international element involved. I shall increase the starting point of the sentence by one year.
Accordingly, the starting point I take is 21 years. I reduce that by one-third, the sentence is therefore 14 years’ imprisonment.
That is in fact the figure your counsel put before me because he recognises that is the least sentence I can pass. That was realistic of him and I have taken into account your early plea and your attitude to this. I am not going to give you a separate discount for information given but I have taken that into account in passing the least sentence I possibly can.
Please refer to CACC493/2012 for the relevant appeal(s) to the Court of Appeal. |