HKSAR v. Narvaez Nolberto

Case No.HCCC 445/2012
Court
High Court CFI
Date19 Feb 2013
Judge
Case Document
100%

HCCC 445/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 445 OF 2012

-------------------

  HKSAR  
  v  
  Narvaez Nolberto  
-------------------
Before: Hon Line J
Date: 19 February 2013 at 9.38 am
Present: Mr P J Power, Senior Assistant Director of Public Prosecution, of the Department of Justice, for HKSAR
  Mr Jackson Poon Chin-ping, instructed by Cheung, Chan & Chung, assigned by the Director of Legal Aid, for the accused
Offence:  Trafficking in a dangerous drug (販運危險藥物)

---------------------------------

Transcript of the Audio Recording
of the Sentence in the above Case

---------------------------------

COURT: I have to sentence you for trafficking in dangerous drugs. You would have been told that sentencing in drug cases depends upon guidelines and the guidelines are based on the nature of the drug and the quantity of them. In your case, the drug weighed 1.45 kilograms in all and it contained 0.66 kilograms of cocaine. You had swallowed the dangerous drugs in Colombia and arrived at our International Airport via Moscow.

The dangerous drugs had an estimated retail value at the time of their seizure of $1.45 million. The reward, so you told the police, that you would receive for the drug trafficking was some US$6,000.

You fall into the category that commences at 600 grammes with a starting point after trial of 20 years’ imprisonment.

You would have been told that it is an aggravation to bring dangerous drugs across international borders, and accordingly, the starting point will have to be enhanced by one year to reflect that.

I shall give you the full one-third discount for your plea of guilty and the result is a sentence of 14 years’ imprisonment.

In the circumstances, you could not have hoped for a lesser sentence.