HKSAR v. Nassor Bakari Khery

Case No.HCCC 554/2013
Court
High Court CFI
Date06 Mar 2014
Judge
Case Document
100%

HCCC 554/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 554 OF 2013

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  HKSAR  
  v  
  NASSOR Bakari Khery  

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Before: DHCJ Tallentire
Date: 6 March 2014 at 9.45 am
Present: Miss Lilly Wong, SPP (Ag) of the Department of Justice, for HKSAR
  Mr Andrew Bullett, instructed by John M Pickavant & 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: Defendant, as you appreciate, this is a very serious offence indeed. Not only have you trafficked in 0.62 kilograms of heroin, you have brought it into Hong Kong from another country. Mr Bullett is absolutely right that my hands are largely tied by a precedent - and a correct precedent too.

This is an evil trade; it wrecks lives. It is one that has to be stopped.

However, I do take into account what has been said on your behalf.

I take into account, of course, the quantity involved, which places it within the tariff range of 20 to 23 years. And following the case of HKSAR v Abdallah Anwar Abbas CACC 304/2008, there must be an enhancement of that sentence. That is based on you bringing it into the country from another country.

I take as a starting point 20 years’ imprisonment. Given the quantity involved being at 0.62 kilograms, there will be an enhancement of 15 months. That takes the starting point to one of 21 years and 3 months.

You indicated a guilty plea at the earliest possible opportunity. You have repeated that guilty plea today, and admitted the facts. Therefore, you are entitled to and will receive a full one-third discount from sentence. That means you will serve 14 years and 2 months, which if I calculate correctly, is 170 months.