HKSAR v. FRANCISCO AYALA AYALA

HCCC 273/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 273 OF 2013

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HKSAR
v
Francisco Ayala Ayala

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Before: DHCJ McMahon, in court

Date: 4 October 2013 at 9.51 am

Present: Mr Wong Hay-yiu, on fiat, for HKSAR
Mr Laurence James Poots, instructed by Yeung & Chan, assigned by DLA, 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: This is my sentence and my reasons for sentence. The defendant, a 49 year old Paraguay male, arrived at Hong Kong InternationalAirport on 27 February of this year on a flight from Brazil. As he attempted to pass through the airport, Customs officers stoppedand searched him, and found in his luggage packets containing 2.21 kilograms of cocaine. The packets were concealed in the liningof a briefcase, itself contained within the defendant’s suitcase.

The facts are straightforward. The defendant had knowingly acted as a “mule” or courier of the drugs into Hong Kong.

Given the quantity of drug involved, I take a starting point of sentence of 24 years imprisonment. I enhance that by two years toreflect the international element involved in the trafficking. That results in an enhanced starting point of 26 years imprisonment.

Apart from the defendant’s plea of guilty, there is no other substantial mitigation, and that enhanced starting point is reducedby one-third to a final sentence of 17 years 4 months imprisonment.