HKSAR v. Herico Elsa Valencia

Please refer to CACC431/2012 for the relevant appeal(s) to the Court of Appeal.
Case No.HCCC 203/2012
Court
High Court CFI
Date11 Oct 2012
Judge
Case Document
100%

HCCC203/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 203 OF 2012

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  HKSAR  
  v  
  Herico Elsa Valencia  
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Before: The Honourable Mr Justice Line
Date: 11 October 2012 at 11.59 am
Present: Mr Edward Laskey, on fiat, for HKSAR
Mr John Hemmings, instructed by T C Lau & 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: The jury have convicted you of trafficking in over a kilogram of heroin.

You will have known from an early stage that the sentencing for drug trafficking is based upon guidelines, and that those guidelines are based on the nature of the drug and the quantity of it.

The guideline that is engaged in respect of the amount here runs from 600 grammes to 1,200 grammes, attracting a starting point of imprisonment after trial of 20 to 23 years.

The exact amount of heroin you trafficked was 1.07 kilograms.

I sentence you on the basis that your role was no greater than to be a courier. I will not be entirely mathematical in following the guideline. I shall set a preliminary starting point, as it were, within that bracket, of 21 years.

However, I am bound to add to that by reason of the fact that the offence is aggravated by carrying the drugs across international borders, and the aggravation is, in effect, following the guidelines of the Court of Appeal, such that it will increase your sentence by 2 years to 23 years.

It is a long sentence, but those who carry drugs know the stakes that are played for, and indeed it is right to point out that if you had been stopped at the commencement of your journey, or if you had carried those drugs on back into China, in either of those other places you would have faced the death penalty.

The sentence is one of 23 years’ imprisonment.

Please refer to CACC431/2012 for the relevant appeal(s) to the Court of Appeal.