HKSAR v. EJEGI GODSPOWER

DCCC 43/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 43 OF 2014

____________

HKSAR
v
EJEGI GODSPOWER

____________

Before: HH Judge Dufton

Date: 28 April 2014

Present: Mr John Necholas, counsel on fiat, for HKSAR
Mr James Collins instructed by Keith Lam, Lau & Chan assigned by the Director of Legal Aid, for the defendant

Offence: Trafficking in a dangerous drug (販運危險藥物)

REASONS FOR SENTENCE

1. Ejegi Godspower you have pleaded guilty to trafficking in 35.83 grammes of a solid containing 15.60 grammes of cocaine, contraryto section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2. In summary on the 21 October last year acting on intelligence an undercover police officer using the name “Dickson” made contactwith you to purchase cocaine by dialling mobile phone number 5978 0069. Agreement was reached for you to sell “Dickson” twobullets of cocaine, each weighing about 20 grammes, for the price of $17,000 together with your commission of $2,800 and the taxifare in delivering the cocaine to Robinson Road.

3. At 9:12 p.m. you called “Dickson” to inform him you were on your way to his residence at Lai Cheung House. On arrival at LaiCheung House you were intercepted by the police who found the cocaine wrapped in tissue paper inside your underpants. You were alsofound in possession of the mobile phone 5978 0069 which you admitted ownership of in a video interview.

4. In passing sentence I have carefully considered everything said on your behalf by Mr Collins together with your mitigation letter. I take into account that whilst you have a criminal record you have no previous convictions for drug offences and that when servingyour last sentence you suffered from depression.

5. The courts have equated for sentencing purposes cocaine with heroin (see Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69). In R v Lau Tak Ming [1990] 2 HKLR 370 the Court of Appeal laid down guidelines for trafficking in heroin. The court said that the sentence upon conviction after trialwhere the quantity of narcotic is between 10 and 50 grammes is between 5 and 8 years imprisonment. I am satisfied the proper startingpoint after trial for 15.60 grammes of cocaine based on quantity alone is 5 years and 6 months imprisonment.

6. The Court of Appeal recently stated that the commission of offences by refugees or torture claimants is capable of aggravating sentencewhere the offence affects the community at large and has a significant impact on Hong Kong’s reputation (see HKSAR v Sandagdorj Altankhuyag & another CACC 45/2013). I am satisfied that trafficking in a dangerous drug is an offence which affects the community and reputation of HongKong. In the circumstances I increase the starting point by 3 months to 5 years and 9 months imprisonment.

7. Giving you full credit for your plea of guilty you are convicted and sentenced to 3 years and 10 months imprisonment.

(D. J. DUFTON)
District Judge

Please refer to CACC159/2014 for the relevant appeal(s) to the Court of Appeal.