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HCCC220/2011
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 220 OF 2011
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HKSAR |
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Conde Mamady |
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| Before: |
DHCJ Lugar-Mawson |
| Date: |
8 March 2012 at 3.25 pm |
| Present: |
Mr Richard Donald, on fiat, for HKSAR
Mr Paul Loughran, instructed by Ho, Tse, Wai & Partners, 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: Conde Mamady, for reasons of your own you engaged in international drug trafficking. You must have been very well aware of the dangers that you ran and the risk that if you were found you would receive a very heavy sentence. In fact, in some parts of East Asia your sentence would have been the death penalty. Had you been found 20 miles further North from Hong Kong it certainly would have been.
Here we do not have death penalties. The maximum penalty for the offence you have committed is life imprisonment.
You will have been told by Mr Loughran, as no doubt you were told by the other counsel who advised you, that very heavy prison sentences are passed on those who engage in drug trafficking. Particularly where that drug trafficking involves large quantities of dangerous drugs and has an international aspect.
There is nothing in the circumstances of your commission of the offence or in your own personal circumstances so far as I know them, which I find of any mitigating value.
You will have been told that there are very clear sentencing guidelines laid down for my instruction and the instruction of all judges as to the level of sentences we have to pass on people who engage in trafficking in dangerous drugs. You will have been advised that all judges are expected to follow them, unless there are very good reasons why they should not. There are no such very good reasons in your case.
You trafficked, you brought into Hong Kong a very large quantity of “Ice”, nearly three kilogrammes of the filthy substance. “Ice” is known to be a particularly nasty dangerous drug.
Following the guidelines I have spoken of and taking into account the international aspect of this case; the fact that you brought this substance from the Republic of the Cameroon, via Kenya to Hong Kong, with an intended destination of Cambodia, as I say, following the guidelines set out for my guidance, your sentence for this offence is going to be one of 27 years’ imprisonment, which is the sentence I pass upon you.
Please refer to CACC118/2012 for the relevant appeal(s) to the Court of Appeal. |