A A
HCCC 392/2016
B IN THE HIGH COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
C C
CRIMINAL CASE NO 392 OF 2016
D ----------------- D
HKSAR
E v E
F
ROJAS SOSA Egberto Jorge F
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G G
Before: DHCJ McMahon
Date: 7 November 2016 at 10.21 am
H Present: Ms Grace Chan, SPP of the Department of Justice, H
for HKSAR
I Ms Mahinder M Panesar, instructed by Robinson Lawyers, I
assigned by DLA, for the accused
Offence: Trafficking in a dangerous drug (販運危險藥物)
J J
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Transcript of the Audio Recording
K K
of the Sentence in the above Case
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L L
COURT: The defendant, a 48-year-old Bolivian national, was
committed to this court for sentence from Eastern
M Magistracy on 13 September 2016, pursuant to section 81(b) M
of the Magistrates Ordinance, Cap 227, following his plea
of guilty to a charge of trafficking in 422.37 grammes of
N N
cocaine.
O The defendant had arrived at Hong Kong International O
Airport from Dubai on 18 December 2015. He passed through
Customs and Immigration with 77 pellets containing 422.37
P grammes of cocaine concealed in his abdomen. P
Over the next few days, the defendant became ill as he was
Q Q
unable to pass the pellets successfully and eventually
presented himself to Queen Elizabeth Hospital on 27
R December, where he was admitted after informing the R
hospital staff that he had swallowed the pellets. The 77
pellets were discharged over the next few days.
S S
The defendant told police officers who attended at the
hospital and arrested the defendant that he had swallowed
T the pellets of cocaine in Argentina and after flying to T
Hong Kong via Dubai, had intended to sell the drugs in Hong
U Kong. U
CRT13/7.11.2016/TW/cc 1 HCCC 392/2016/Sentence
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A A
I take a starting point of sentence of 15 years’
imprisonment. Given the international element of the
B offence, I enhance that starting point by 9 months. That B
results in a final starting point of sentence of 15 years
and 9 months’ imprisonment.
C C
In my view, the only mitigation of substance able to be
D advanced on behalf of the defendant is his early plea of D
guilty, regardless of the thoroughness of Ms Panesar’s
mitigation.
E E
Accordingly, I give the defendant full credit for his plea
and that final starting point of sentence is thereby
F reduced to a sentence of 10 years 6 months’ imprisonment. F
G G
H H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT13/7.11.2016/TW/cc 2 HCCC 392/2016/Sentence
V V