HKSAR v. BUSAGAGA, KALIRO SAMSON MAJANI

HCCC246/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 246 OF 2012

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HKSAR
v
Busagaga, Kaliro Samson Majani

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Before: Hon Line J

Date: 14 September 2012 at 9.41 am

Present: Ms Sabra Lo Shui-ying, Public Prosecutor of the Department of Justice, for HKSAR
Mr Ackber Mohamed Omar, instructed by the Legal Aid Department, 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: I have to sentence you for trafficking in a dangerous drug. The drug in question was heroin and you were caught carrying 316grammes of it at the airport. The drugs were contained in 52 pellets which you had swallowed and you had arrived, via Ethiopia, fromTanzania, of which country you are a native.

I know that it has been explained to you that the sentencing in drug cases like this depends upon guidelines and the guidelines, inturn, are based on the nature of the drug and the quantity of it.

You fall into the category for heroin that runs from 200 grammes to 400 grammes, attracting a starting point of imprisonment, aftertrial, of 12 to 15 years. I also have to reflect the fact that you were bringing drugs across an international border.

I have read the letter that you wrote to me and I accept that you are remorseful. You will have a one-third discount on your sentence.

In taking the starting point, it is not just mathematical but looking at the amount in question, I shall take a starting point of13 years and I shall add 6 months to that for the international element. That would give a total of 13½ years.

You earn the one-third discount and the result is a sentence of imprisonment of 9 years and that is the sentence I pass upon you today.