COURT: The defendant pleaded guilty to one count of trafficking in a dangerous drug.
On the day in question, the defendant was intercepted by Customs officers at the Arrival Hall, Hong Kong International Airport.
Suspecting that drugs had been concealed inside his body, he was sent to Queen Elizabeth Hospital for a body check. Subsequently, 31 packets containing 0.91 kilogram of cocaine were discharged.
The value of the drugs was estimated to be in excess of HK$1.8 million.
The defendant is now 37 and has a clear record both in Hong Kong and Colombia. He committed the present offence due to financial pressure. Mrs Panesar, counsel for the defendant, submitted to this court that the defendant was once a social activist and played his part in eradicating the drug problem in his home town. Mrs Panesar asked for further discount because of that fact.
In the absence of any concrete evidence, I decline to do so.
Guidelines on sentencing are clear. The starting point for trafficking in this amount of drug, cocaine, is one of 21 years at least. However, in this case there exists also the international element. Drugs have been transported across continents and countries. In my view, given the amount, this warrants a further increase of 1 year.
Taking into account all the circumstances of this case, the defendant’s plea and the mitigation made on behalf of the defendant by Mrs Panesar, it is therefore ordered that the defendant will serve an imprisonment term of 14 years and 8 months.