A HCCC 321/2019 A
[2020] HKCFI 2759
B IN THE HIGH COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
C C
CRIMINAL CASE NO 321 OF 2019
D ----------------- D
HKSAR
E E
v
F F
Cardoso Castro Hudson
G ----------------- G
Before: Hon S T Poon J
H Date: 17 January 2020 at 10.00 am H
Present: Miss Tam Ka-wing Sheroy, SPP of the Department of
I
Justice, for HKSAR I
Ms Nisha Mohamed, instructed by Boase, Cohen & Collins,
assigned by DLA, for the accused
J Offence: Trafficking in a dangerous drug (販運危險藥物) J
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K K
Transcript of the Audio Recording
of the Sentence in the above Case
L --------------------------------- L
COURT: The defendant has pleaded guilty before a magistrate to
M one count of unlawfully trafficking in a dangerous drug, M
namely 1 kilogramme of a solid containing 679 grammes of
cocaine. He is committed before me for sentence.
N N
On 29 December 2018, the defendant entered into Hong Kong at
O the Hong Kong International Airport on a connecting flight O
on United Arab Emirates from Dubai, his journey having
originated in Sao Paulo, Brazil.
P P
At the Hong Kong International Airport, the defendant was
intercepted at the customs arrival hall for clearance. The
Q Q
defendant was suspected of internal concealment of
substance. He was escorted to the North Lantau Hospital and
R there he discharged in the toilet one packet of suspicious R
substance. The defendant was then transferred to Queen
Elizabeth Hospital where he discharged further packets from
S his body. In total, the defendant discharged 100 packets S
containing the relevant drugs described in the relevant
T
charge against him. T
The estimated street value of the drugs was HK$1,035,000.
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CRT17/17.1.2020/JC/sc 1 HCCC 321/2019(1)/Sentence
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A Ms Nisha Mohamed helpfully submitted a written mitigation A
for the court’s reference. In the written mitigation, the
background of the defendant is set out.
B B
The defendant is 28 years old. He is a Brazilian national.
He is single although he has a 2-year-old son with his
C C
girlfriend. He lived with his girlfriend and his son in
Suriname before his arrest. He is educated to high school
D Year 12 in Brazil. His family members include his father, D
mother and a sister. Prior to his arrest, the defendant
worked as a freelance miner which meant that he has no fixed
E income. In 2015, the defendant went to Suriname to find a E
job and worked as a computer maintenance worker. By
mid-2016, the defendant started working in the mining
F F
industry.
G In the last few years prior to the defendant’s arrest, the G
work in the mining industry declined substantially and there
was hardly any work. He had a very hard time trying to make
H a living to support his family. Being unable to find any H
gainful employment, he started borrowing money from loan
I
sharks. As a result, he owed a debt of US$1,000 to the loan I
sharks.
J In December 2018, a man approached the defendant, asking for J
repayment of his debts. He told the defendant that if the
defendant promised to travel to Hong Kong to traffic drugs,
K his debts would be wiped off. As the defendant was unable K
to pay, he agreed.
L L
Ms Mohamed submitted a letter written by the defendant
himself to the court. The defendant stated that he has now
M realized his mistake but it is too late. The defendant has M
lost everything and he realized that he will not see his
family for a very long time because of committing the
N present offence. The defendant’s father was in the military N
in Brazil and the defendant thinks that he has been a
O complete disappointment to his family, especially to his O
father. He will use his time in the prisons to study. He
will learn English and Cantonese and he has made enquiries
P regarding a technology programming course in prison. P
Trafficking in dangerous drug is a very serious offence.
Q Q
People who committed this offence must face a very long term
of imprisonment. The Court of Appeal has laid down the
R tariff in respect of the sentence of this offence. R
Regarding trafficking in cocaine, this court should consider
the Court of Appeal cases HKSAR v Lau Tak Ming and HKSAR v
S Abdallah. Under the said tariff, for trafficking in a S
quantity of 600 grammes to 1.2 kilogrammes of cocaine, the
starting point for sentence should be 20 to 23 years’
T T
imprisonment.
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CRT17/17.1.2020/JC/sc 2 HCCC 321/2019(1)/Sentence
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A As submitted by Ms Mohamed, there is one aggravating factor A
in this case, namely, international element. The defendant
has brought dangerous drugs inside Hong Kong from other
B country. For this factor, according to the Court of Appeal B
case in HKSAR v Chung Ping Kun, the level of enhancement is
1 to 2 years’ imprisonment. I note the background of the
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defendant and the circumstances under which he committed the
present offence. However, the tariff laid down by the Court
D of Appeal is for general deterrence. Factors like clear D
record, young age or financial circumstances are not valid
mitigating factors.
E E
In the circumstances, what I will do is to adopt a lower
starting point within the range of the tariffs. I will
F F
adopt a starting point of 20 years’ imprisonment with an
enhancement of 1 year for international element. The total
G sentence, if convicted after trial, would be 21 years’ G
imprisonment.
H Taking into account the defendant’s guilty plea, I will H
accord a full discount of one-third to the overall sentence
I
and reduce the sentence to 14 years’ imprisonment. I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
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CRT17/17.1.2020/JC/sc 3 HCCC 321/2019(1)/Sentence
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