HKSAR v. Shau Abduly Venans

Case No.HCCC 178/2012
Court
High Court CFI
Date28 Sep 2012
Judge
Case Document
100%

HCCC178/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 178 OF 2012

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  HKSAR  
  v  
  Shau Abduly Venans  

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Before: The Honourable Mr Justice Line
Date: 28 September 2012 at 9.38 am
Present: Mr Edward Brook, Senior Public Prosecutor of the Department of Justice, for HKSAR
  Mr Kamlesh Arjan Sadhwani, 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 a dangerous drug.

The drug in question was heroin, and you had swallowed 54 packets. You were stopped at our international airport, having come from Dar Es Salaam via Doha.

It will have been explained to you that sentencing in these cases is based upon guidelines which are in turn based upon the nature of the drug and the quantity of it.

You fall into the category that has a starting point after trial of 12 to 15 years, being 200 to 400 grammes.

I also have to reflect in the sentence the aggravation of carrying these drugs across international borders.

I accept what I have heard in mitigation on your behalf. From all that has been said and supplied to me, I shall regard you as being truly remorseful. I accept that your role in this was one of a mule, that you have in fact received no reward, and that the effects upon your family will be severe. That is, I regret to say, a common enough picture in these courts.

In those circumstances, I have a limited discretion to reflect leniency, and I shall exercise it in your favour by taking a generous starting point of 13 years. For the international element I will add a further 6 months, and of course you receive the full third discount by reason of your early plea of guilty.

Accordingly, the sentence is one of 9 years’ imprisonment.

That is designed to be the least sentence I can pass in the circumstances.