HKSAR v. Mkude Eric Charles

Case No.HCCC 373/2013
Court
High Court CFI
Date04 Nov 2013
Judge
Case Document
100%

HCCC 373/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 373 OF 2013

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  HKSAR  
  v  
  MKUDE Eric Charles  

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Before: DHCJ McMahon
Date: 4 November 2013 at 10.44 am
Present: Mr Lenny Cheng, PP, of the Department of Justice, for HKSAR
  Mr Donald Richard David, instructed by David Ravenscroft & Co, 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: The defendant pleaded guilty in Eastern Magistracy to an offence of trafficking in a mixture containing 480 grammes of heroin hydrochloride and 140 grammes of monoacetylmorphrine hydrochloride, which is also a salt of esters of morphine and which I treat, so far as sentencing is concerned, as being in the same serious category as heroin hydrochloride.

The facts of the case are as follows. On 24 January of this year, the defendant, a 35 year old Tanzanian male, aroused the suspicions of Customs Officers when he arrived at Hong Kong International Airport on a flight from Kenya. He was taken to hospital for an internal examination and eventually discharged 83 pellets containing the charged drugs.

Based on the aggregate amount of 620 grammes of narcotic, I take a starting point of sentence of 20 years’ imprisonment. That is enhanced to 21 years’ imprisonment to reflect the international element of the offence.

There is no mitigation of substance, apart from the defendant’s plea of guilty, and giving the defendant full credit for his plea, his sentence is reduced to one of 14 years’ imprisonment.